Making a Whiplash Claim in 2024: Your Ultimate Guide!

Have you also suffered from a whiplash injury in a car accident that was not your fault? Even if your injuries and symptoms are minor, the law states that you are entitled to file a whiplash claim for financial compensation for the pain and suffering (PSLA) that you have endured.

According to the Association of British Insurers, whiplash claims average more than 1,500 per day, making them the most common injury on UK auto insurance policies. The UK government unveiled new initiatives in 2018 to lower the number of whiplash injury claims. Whiplash injuries are still admissible, but the procedure got stricter in April 2021.

Whiplash Injury Claim – Ultimate Guide 2024

In this blog, we will explore the specific reasons and procedures for filing a whiplash claim.

What is Whiplash?

A violent jolt, such as when a car accident occurs, can result in whiplash because the head is propelled forward quickly, much like a whip. The head is immediately pushed back as the body encounters the resistance of the automotive safety belt, which is immediately followed by the rebound action.

Whiplash symptoms are challenging to detect because there is frequently no physical evidence of injury, such as fractures or torn ligaments. Medical interventions for whiplash injuries could include physiotherapy and pain management and control.

How Do I Know If I Have Whiplash?

Whiplash symptoms show up only a few hours after the accident, resulting in a whiplash injury. A headache is frequently the first symptom, followed by neck stiffness, decreased mobility, pain, and muscular spasms. Shooting sensations in the shoulders, back, and arms might also appear.

The NHS advises scheduling an urgent GP Practitioner visit or calling 111 if there are:

1.     Feelings of an abrupt “electric jolt” in the neck and back
2.     Issues with mobility: standing, sitting or walking
3.     Persistent problems with hearing, sleeping, swallowing, etc.
4.     Despite medications, you feel pain in your back, shoulders, and arms
5.     The body may experience “pins and needles” on one or both sides.

Should I File a Whiplash Claim?

Yes, if you were involved in an accident that left you with a whiplash injury, you are legally allowed to file a whiplash claim in the UK. Most of the time, painkillers are the only medical intervention required because the signs and symptoms of whiplash will go away in a few days or weeks.

However, it could be essential to seek out more medical care if the symptoms persist or worsen. Filing a whiplash claim results in payments that may be necessary to cover the expense of therapies like physiotherapy and pain management therapy. However, you must file your whiplash claim three years from the accident’s date.

Feel free to stop by our website if you have any concerns about this or any other element of your whiplash accident or injury. Your legal and medical rights will be explained simply by casual conversation with one of our experts.

Who Is Liable for My Whiplash Injury?

As any damages owed will be apportioned following the division in liability, obtaining the names of witnesses and other evidence supporting your whiplash claim is crucial. The three most frequent instances of whiplash claims and compensation are as follows:

1. If you caused the accident that resulted in your whiplash injury, any claim for personal injury damages would likely be denied unless your auto insurance policy includes personal accident coverage.
2. You have a claim, though, if another driver was at fault. Get the names and addresses of witnesses to the collision as soon as possible to establish who was at fault.
3. In other situations, both participants reject entire responsibility for the disaster but are nonetheless jointly at fault. The lawyers for both sides manage such “liability issues,” and a liability divide will be negotiated.

How Can I File a Whiplash Claim?

By getting in touch with your insurer, you can claim your auto insurance if you suffer whiplash. You have three years from the accident date to file a claim.You should proactively inform your insurance provider about your accident, as symptoms often take longer to manifest. However, for your whiplash claim to be processed, you must provide medical documentation under the guidelines in 2021. You must take the actions listed below to file a whiplash claim:

1. After an accident, share your insurance information with any other drivers
2. Always exchange your personal information with any other drivers or witnesses
3. Take pictures and record the names of any witnesses if the accident wasn’t your fault
4. Inform your insurance provider about the road traffic accident by calling them
5. If you notice whiplash symptoms, i.e., neck strain or sprain, visit your GP Practitioner

You can begin the claims procedure with your insurer if you have a valid whiplash claim. You should contact your insurer if you experience whiplash in a multi-car collision. You could file a claim if you sustained whiplash, regardless of whether you were the car’s driver or a passenger.

How Can I Prove My Whiplash Injury?

The most crucial thing you will need to give in support of your whiplash claim, presuming you have already seen a doctor who has identified your whiplash symptoms, is a medical report to demonstrate your injury.

Following current practice, medical reports must be obtained through MedCo.org.uk for £180. The following organisations are represented on the MedCo board:

1. Insurance Association of Great Britain (ABI)
2. Medical Reporting Organization Association (AMRO)
3. Personal Injury Lawyers Association (APIL)
4. Association of British Medical (BMA)
5. Insurance Lawyers Forum (FOIL)
6. Society of Motor Accident Solicitors (MASS)
7. Automobile Insurance Bureau (MIB)
8. Legal Society

How Does a Claim For Whiplash Compensation Work?

Most whiplash claim and compensation cases are resolved outside of court, and your attorney will often represent you for a flat fee or a percentage of the compensation amount. However, as part of the Civil Liability Act amendments, the government is raising the small claims threshold for road traffic accident injury claims, including whiplash, from £1,000 to £5,000 as of April 2021.

While it tries to simplify the personal injury claims procedure, it also prevents those seeking claims of £5,000 or less from hiring legal counsel. To demonstrate a genuine whiplash injury, you must present your claim through a new online claims site and supply medical evidence.

You can accept or reject any offer made by the accident-causing party’s insurance company for a settlement outside of court. Things can be trickier if an uninsured driver is at fault in your accident. However, the Motor Insurers’ Bureau (MIB) may allow you to file a compensation claim.

The MIB was established to assist in compensating accident victims when negligent or untraceable drivers are to blame. In the UK, dozens, if not hundreds, of law firms could offer to assist you in negotiating a whiplash claim or litigating your case.

They typically work on a no-win, no-fee basis, meaning that any settlement you receive pays their expenses. It’s crucial to do your homework on any company before signing up. Ensure you are always aware of any costs and when they will be collected.

It would be best if you contrasted these charges with the expense of filing a lawsuit on your own and attending court. This typically costs much less, but you might have to put in more effort.

What Are the Most Recent Whiplash Reforms and Regulations?

New whiplash claim regulations went into effect in 2021. According to the government, the reforms are intended to lower the “unacceptably high number of whiplash claims made each year.” In just 2019–20, more than 500,000 claims were filed.

Reduced false claims should allow insurers to lower the price of auto insurance. The estimated savings from the excessive whiplash claims might total £1.2 billion a year, which translates to a possible reduction in insurance costs of £35 per policy.

A whiplash reform programme, which pays out a set compensation, is one of the reforms. Insurance companies are also not allowed to settle claims for whiplash unless they have obtained medical documentation of the injury.

How Much Is Whiplash Compensation?

The amount of whiplash compensation you are eligible to receive under regulations put in place in 2021 ranges from £240 to £4,215. The maximum payout for whiplash that lasts up to three months is £240. For an injury that lasts up to two years, this amount gradually increases to £4,215.

If you experienced slight psychological injuries because of the accident, there are minimal “add-ons.” In extreme circumstances, the courts can raise a settlement by up to 20%. The Judicial College, a division of the Ministry of Justice, has established the following guidelines for whiplash claim settlements.

How Long Does It Take for A Whiplash Claim to Be Resolved?

There is no standard period in which a whiplash claim must be resolved because every claim is unique. On average, your insurer should take care of a simple claim within a few months. However, the procedure may take much longer if the claim is difficult and needs to be settled in court.

Can A Whiplash Claim Be Refused?

Your insurer should process and consider a whiplash claim, as with other claims. There was a period when some individuals believed a whiplash claim would be approved without question. However, because the regulations have been tightened, you must now prove that you have actually suffered whiplash.

Your insurance has the power to reject a claim if you don’t have the proper medical documentation or if it believes the accident was fake. You could sue if your insurance claim is denied despite being authentic.

What Is the Duration of Whiplash?

The NHS states that whiplash might continue for two to three months. However, long-term whiplash may persist for six months or more. The length of your pain, suffering and loss of amenity – PSLA, if any, will depend on the severity of your injury.

Read more at: Whiplash Treatment (Diagnosis, Prognosis, Recovery & Rehabilitation)

How Can I Prevent Whiplash?

Most modern automobiles are equipped with safety systems that minimise head and neck injuries to lessen the likelihood or severity of whiplash. In addition to the required seat belts, airbags are installed on the passenger dashboard, steering wheel, and, increasingly, door panels to lessen the consequences of side-on collisions. Headrests prevent the head from being abruptly recoiled following a quick stop.

But no amount of safety measures will eliminate the risk of whiplash injury. Additionally, even though you can reduce your risk of suffering whiplash or other injuries in an accident by driving sensibly, you have no control over the careless actions of other road users.

Conclusion

The typical whiplash claim payment ranges from the hundreds of pounds for minor injuries to maybe hundreds of thousands of pounds for serious whiplash injuries that impair your capacity to live a quality life.

The Judicial College Guidelines determine the payments for physical and psychological injuries. Still, the whole whiplash settlement can be substantially greater when all the additional losses and costs are included, including medical care, lost wages, out-of-pocket expenses, etc.

Have we answered all your questions? If you still have any queries that we still need to address, send us your questions as soon as possible. We’ll make sure to respond to them.

Concise Medico can help you to get the compensation you deserve for your psychological injuries. We have a team of experienced psychologists who can provide you with expert psychological assessments, mental health evaluations, medico-legal CPR Compliant Reports, and Expert Witness Testimonies. We can help you to document your psychological symptoms, build a strong case for compensation, and negotiate a fair settlement.