Whiplash is caused by a sudden movement of the head, giving rise to pain and stiffness in the neck. Under certain circumstances, whiplash claims can help those affected to gain compensation and move forward with recovery. Read this road traffic accident claim guide to find out whether this could apply to you.
Important Points
- You could make a whiplash claim if your accident was the result of another road user’s negligent actions
- How you make your whiplash claim has changed due to the introduction of the Whiplash Reform Programme.
- There are set whiplash tariffs in place to determine the appropriate amount of compensation. These are based on how long the injury persists and whether it came with psychological injuries.
- Any additional injuries you suffered alongside whiplash would be valued in the traditional way.
- Our expert whiplash solicitors offer their legal services through a No Win No Fee contract, meaning you don’t need to stress about the cost of hiring legal representation.
You can speak to our team of advisors at any time to discuss the process of making a whiplash injury claim. They are available to offer you an insight into the process of making a claim and how it could benefit you. Whether you are hoping to be connected to one of our No Win No Fee solicitors or you would simply like to enquire, you can contact us.
- Call us on 0800 073 8801
- Complete our online submission form
- Use the live chat pop-up in the corner
Jump To A Section
- What Is The New Law On Whiplash Claims?
- Can I Make A Claim For Whiplash?
- Can I Claim For Whiplash With A Pre-Existing Condition?
- What Are Whiplash Claims?
- Whiplash Compensation Calculator
- How To Prove Whiplash For Claims In The UK
- Why Should I Choose Accident Claims?
- How Can A Whiplash Claim Be Funded?
- Frequently Asked Questions
- More Information
What Is The New Law On Whiplash Claims?
The new law on whiplash claims is outlined in the Whiplash Reform Programme. This changed the way that claims are made in England or Wales for certain road traffic accidents.
If your case meets the following requirements, you will need to make your claim via a new avenue:
- You are aged 18 or over.
- You suffered your injury as a driver or passenger of a vehicle.
- The value of the whiplash injuries suffered is £5,000 or less
These injuries will now be valued in line with the tariff amounts set out within the Whiplash Injury Regulations 2021.
For further details on whiplash compensation laws, contact our team of advisors. They have handled many similar enquiries and can give you the information you need before making any commitment to claiming.
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Can I Make A Claim For Whiplash?
You could make a claim for whiplash if you can prove that you suffered your injury due to the negligent actions of another road user.
Essentially, the eligibility criteria for all road traffic accident claims are as follows:
- Another person using the road owed a duty of care to you
- They did not enact their duty when using the road
- This caused you to sustain a whiplash injury
You may not be sure what exactly a duty of care entails. Essentially, it refers to the requirement of a party to comply with guidance and legislation that aim to protect the well-being of individuals.
Each person using the road owes a duty of care to each other. They must use the roads safely and responsibly to avoid causing harm and should follow the rules set out by the Highway Code and the Road Traffic Act 1988.
It is also important to note that most claimants need to begin their claim within 3 years of the road traffic accident. This time limit is set out within the Limitation Act 1980.
There are exceptions to this time limit. You can contact our advisors to learn what these exceptions are.
Can I Claim For Whiplash As A Passenger?
You can claim for whiplash as a passenger of a vehicle if you can prove your injury was caused by the negligent actions of another road user.
However, who your claim would be made against would depend on who was at fault. This could be the driver of the vehicle you were in or another road user.
Can I Claim For Whiplash On Behalf Of My Child?
You could claim for whiplash on behalf of your child if they were injured whilst under the age of 18. In this instance, you could apply to be a litigation friend to handle the claims process on their behalf.
It is important to note, however, that if they were injured under the age of 18, the new whiplash rules would not apply, and the claim would need to be made via the traditional route. However, the whiplash tariffs may still apply.
To learn more about the whiplash claims process and when you may have a valid case, you can contact our advisory team.
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Can I Claim For Whiplash With A Pre-Existing Condition?
Yes, you can claim for whiplash with a pre-existing condition. Additionally, if your injuries accelerated or exacerbated your pre-existing condition, you could also claim for the pain nd suffering this has caused.
However, you would not be able to claim for the pre-existing condition itself, only for any new additional pain or injuries the accident caused you.
To learn more about making a whiplash compensation claim while suffering from a pre-existing condition. You can contact our advisors.
What Are Whiplash Claims?
Whiplash claims are a type of personal injury claim that allows you to seek compensation for your injuries. You can only make a claim of this nature if you are able to prove that you suffered your whiplash injury due to the negligent actions of another road user.
Examples of when you could claim compensation for a whiplash injury include:
- A drunk driver hits the back of your vehicle. The impact means that you suffer a whiplash neck injury.
- A motorcyclist pulls out at a junction without looking. This means that you have to break suddenly, and the momentum causes a whiplash injury to your neck.
- The driver behind you fails to stop at a red light. They crash into the rear end of your vehicle, causing you to experience whiplash and several psychological injuries.
You can contact an advisor at your earliest convenience for more examples of when you could claim whiplash compensation.
Whiplash Compensation Calculator
As aforementioned, the amount of whiplash compensation you could receive will be calculated by referring to the fixed tariff within the Whiplash Injury Regulations 2021.
In the table below, we have set out some of these tariff amounts for you to view.
It is essential to note that any additional injuries you have suffered will be assessed in a traditional manner and awarded under the head of claim known as general damages. In this instance, solicitors typically refer to the compensation guidelines outlined in the Judicial College Guidelines (JCG). We have also set out some of these guidelines regarding neck injuries in the table below.
Furthermore, if these additional injuries bring the overall value of your claim above £5,000, you would make your claim via the traditional route, but the whiplash tariffs would still apply for your whiplash injuries.
Please note, however, that the top entry has not come from either the whiplash tariff or the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Severe Injuries with Special Damages | Up to £250,000+ | Compensation for suffering multiple injuries and for financial losses such as lost earnings, and care costs. |
| Neck Injury - Severe (i) | In the region of £181,020 | Resulting in permanent spastic quadriparesis or associated with incomplete paraplegia. |
| Neck Injury - Severe (ii) | £80,240 to £159,770 | Causing serious damage or fractures to the cervical spine discs. |
| Neck Injury - Severe (iii) | £55,500 to £68,330 | Severe soft tissue damage, dislocation or fractures. |
| Neck Injury - Moderate (i) | £30,500 to £46,970 | Severe immediate symptoms from fractures or dislocations |
| Whiplash Tariff | £4,345 | Whiplash with psychological injuries lasting between 18-24 months. |
| £4,215 | Whiplash injuries lasting between 18-24 months. | |
| £3,100 | Whiplash with psychological injuries lasting between 15-18 months. | |
| £3,005 | Whiplash injuries lasting between 15-18 months. |
Can I Claim For Losses Incurred As A Result Of Whiplash?
You can also claim for the financial losses incurred as a result of whiplash. However, this only applies if you are able to provide evidence of your costs. For instance, you could supply a bank statement, receipt or invoice. These losses would be compensated under special damages.
The following list includes examples of the types of financial impact that can be recovered through a compensation claim:
- A loss of income (you may be required to take time off work to recover)
- The cost of medical treatments, physiotherapy and therapy
- Travel expenses accumulated when going back and forth from medical appointments
- Care costs (this applies in cases where a professional carer is required to help you complete daily tasks)
- Home adjustments- These can be needed to make your home livable
If you’re unsure about the factors that impact a compensation payout, consider consulting an advisor today. They can provide you with a free case assessment, which includes an estimate of what your potential compensation payout could cover.
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How To Prove Whiplash For Claims In The UK
To prove whiplash for claims in the UK, you will need sufficient evidence that demonstrates the injury you suffered and who was liable. Examples of evidence you could gather include:
- Photographs of the accident scene or videos of the incident- This may include dashcam or CCTV footage
- A copy of a police report (any road traffic accident that results in injury or damage must be reported)
- A copy of your medical records – This can help to confirm the severity of your whiplash injury and any potential psychological consequences.
- The contact details of someone who saw the accident happen – Should you be eligible to work with one of our solicitors, they can contact witnesses and ask them to provide a statement in support of your case
For more information about the types of evidence that could support whiplash claims, you can contact our advisory team today.
Why Should I Choose Accident Claims?
You should choose to work with Accident Claims because our solicitors will put real effort into making the process much easier for you. They have extensive experience in handling road traffic accident claims, including whiplash claims, so they know how to give you the support that you need. They provide excellent legal services, which include:
- Assisting with the collection of evidence so that you can bolster your case and improve your chances of success
- Organising an independent medical assessment, if this will help your case (they will not organise this without your prior consent)
- Ensuring that you meet the legal time limit for your specific circumstances
- Handling all correspondence with the defending party on your behalf, so you can rest assured that all communication will be professional and include any necessary information.
To learn more about how our solicitors could help you with claiming compensation, you can contact one of our advisors today.
How Can A Whiplash Claim Be Funded?
Your whiplash claim can be funded through a No Win No Fee contract. This is a why of accessing legal representation without worrying about acquiring substantial fees for this.
One of our solicitors could represent you on this basis if you sign a Conditional Fee Agreement (CFA) with them. This is a great way to proceed, as you will not have to pay for their work:
- Before the whiplash claim begins
- While the case is ongoing
- If you do not succeed in getting whiplash compensation
However, it is important to note that you will need to pay a success fee if you do receive compensation. This is a percentage of compensation that must be given to your solicitor. A legally binding cap restricts the percentage that can be taken, ensuring that you keep the largest share of the compensation yourself.
Contact Our No Win No Fee Solicitors
You should contact our advisors for more information on whiplash claims. There is no pressure to make a claim if you would simply like to ask some general questions about the process. You are also welcome to enquire about working with one of our solicitors, as our advisors can assess your case and explain whether you will be able to proceed with us.
Frequently Asked Questions
Find out the answers to some frequently asked questions people often have about whiplash claims.
Can I Claim For Whiplash Against Uninsured Or Untraceable Drivers?
You can make a whiplash claim against an uninsured or untraceable driver, though the process is slightly different. You would need to claim through the Motor Insurance Bureau (MIB). This is the organisation responsible for paying compensation when there is no insurance provider to claim from.
What If I Was Partially At Fault For The Accident That Caused My Whiplash?
If you were partially at fault for the accident, you could still be eligible to start a split liability claim. This is where the proportion of your liability for the incident is calculated and used to determine how much compensation is appropriate.
How Can Whiplash Be Treated?
Whiplash is generally treated with painkillers. It is also advised that you continue to do your typical daily activities.
What Can I Do To Reduce The Chances Of Whiplash?
You may reduce the chances of sustaining a whiplash injury if you follow road safety laws, ensure your car seat is appropriately positioned and wear a seatbelt.
Will I Need To Go To Court For A Whiplash Claim?
It is unlikely that you will need to go to court for a whiplash claim. It is typically more convenient for both parties to reach an agreement outside of court, though this may not be possible in more complex cases.
How Long Will It Take To Be Paid For My Whiplash Compensation?
How long it will take to be paid whiplash compensation varies from case to case. There are various factors to consider, including the severity of your injuries and the type of evidence that has been provided.
More Information
You can visit some of our other guides using the links below:
- Learn about uninsured motorcycle accident claims
- Find out how to make a brain injury claim
- Read about claims for cycling accidents on roundabouts
External resources
- Read the NHS’s guidance on whiplash
- Take a look at the road casualty statistics for 2024, as provided by the Department for Transport.
- Find out the process for claiming Statutory Sick Pay (SSP)
Thank you for reading this guide on whiplash claims.
