LV Personal Injury Compensation Guide – How To Make Whiplash Injury Claims Against LV / Liverpool Victoria Insurance

Liverpool Victoria insurance whiplash claims informationIf you were injured in a road accident in the UK, you would not be the only person that received injuries as a result of a traffic accident. Government statistics for 2018 show that over 160 thousand people received injuries on the road that year. If an accident on the roads has caused you to suffer whiplash, and it was someone else’s fault, then you might be considering making an LV injury claim if the liable party was insured by LV. If so, this page should offer some useful advice and guidance on how to go about making Liverpool Victoria whiplash claims.

At Accident Claims, we offer free, no-obligation advice on making such claims, and we could also offer to provide a personal injury solicitor from our panel to help you further with your LV injury claim. In the sections below, you will find lots of information pertaining to the condition of whiplash itself, as well as information pertaining to insurance company offers for settlement and more. If you wish to learn more about LV car insurance whiplash claims, then why not scroll to the section you are interested in below. If you’d like to speak to our staff about making a claim, then you can reach us on 0800 073 8801.

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A Guide To Claims Against LV Insurance For Whiplash Injuries

If you have been injured in a car accident and suffered whiplash, you might be looking to make an LV injury claim if the liable party was insured by Liverpool Victoria. If you are not sure exactly whose fault it was that you suffered whiplash, and think it might be partially your fault, you might still be able to make a claim. This guide has been designed to furnish those insured by LV who may have been partially to blame for whiplash injuries or those who have a claim against someone who is insured by LV some information on the choices they have and the actions that they could take. We cover the average settlements for insurance claims for whiplash injuries, as well as details of what happens in cases where both parties are partly to blame. We also explain our services, allowing you to see how we could help you when it comes to making Liverpool Victoria whiplash claims.

What Does Whiplash Do To Your Body?

You may or may not have heard of whiplash before. It is, in simple terms, an injury that could be sustained when a person’s head moves quickly forward and back (or sideways), which can also be termed an ‘acceleration/deceleration’ injury. The head could be considered quite a weight for the human neck to carry, and if it strains the neck when it jerks backwards and forwards quickly, it could strain the ligaments and tendons in the neck. Common causes of whiplash could include car accidents but could also include sporting injuries and other types of trauma to the area.

Symptoms of whiplash do not always come on straight away after an accident. Sometimes they could develop over a period of time. Swelling and inflammation would not usually be present at the time the injury occurred but may begin to show between six and twelve hours later.

Symptoms might include:

  • Stiffness of the neck
  • Pain in the neck
  • Headaches
  • Tender feelings along the back of the neck
  • A reduction in your ability to move the neck

The above could be classed as common symptoms. Other, less common symptoms could include:

  • Tinnitus (a ringing sound in the ears)
  • Vertigo (dizziness)
  • Spasms in the muscles
  • Back pain in the lower back
  • Hand and arm pain, pins and needles, and numbness
  • Tiredness
  • Finding it difficult to swallow
  • Vision blurrin

The diagnosis of whiplash does not usually require scans or X-Rays and could often be diagnosed via a description of the patient’s symptoms. If other injuries are suspected, however, you may have to undergo X-Rays, CTs, or MRI scans to rule another injury out.

Treatment options include taking over-the-counter painkillers and not from undertaking any sporting activity. Sometimes, physiotherapy might be appropriate, while in others osteopathy might be appropriate.

If symptoms do not resolve, the issue may be a long-term one. Severe whiplash could leave the patient suffering for 6 months or more in some cases. This could lead to an inability to work, depression, and anxiety. Whatever severity of whiplash you’ve experienced, if the driver that caused the accident was insured by LV, you could look into making an LV insurance personal injury claim.

What You Need To Know Before Making An LV Injury Claim

According to the FCA, research obtained from a Freedom of Information request found that claimants who refused the first offer of compensation, and who used the services of a specialist lawyer were able to obtain an average three times higher payout for car insurance claims. If you would prefer to pursue an LV injury claim with the help of a specialist solicitor, we could provide you with one.

Should I Make A LV Personal Injury Claim Against My Policy?

If you are insured by LV and you suffer whiplash injuries in an accident caused by another driver, then you would not be claiming against your own insurance policy. The claim would be made to the other driver’s insurance company. If they are also insured through LV, then you would be making an LV injury claim. However, it would not be against your own policy, but the other driver’s policy. Therefore, your car insurance premiums/cover shouldn’t be affected by your claim. However, if you are unsure this is the case, a member of our specialist team would be able to clarify the situation for you.

Could I Reject The First Offer Made By An Insurance Company?

If you are immediately approached by an insurance company following an accident, and offered a settlement, it is legally acceptable for them to do so. However, you would be well within your rights to reject the offer.

Some people may be fearful of rejecting an initial LV whiplash payout offer from the insurance company, as they may feel that if they reject it, they would not get another offer. As such, people may think it would be best to accept the first offer, to put the matter to rest so that they can move on. While a specialist solicitor could advise you on whether accepting or rejecting an offer might or might not be a good idea, the decision is wholly yours. It might be worth considering the following:

  1. You are not restricted to using a solicitor that is referred to you by the insurance company. You could choose another solicitor who is not linked to the insurance company for your claim
  2. You should not feel under pressure to accept an LV whiplash payout offer. The personal injury claims time limit for most car accidents is 3 years from the accident date, but if you are unsure, one of our personal injury solicitors would let you know the time limit associated with your claim
  3. The offer you’ve been given might be lower than the amount you could get if you instructed a lawyer/went to court
  4. If you accept an offer without a medical assessment you might not get as much as you would if the severity of your injury could be proven. (More detail can be found in the next section on this)
  5. It may not be a good idea to sign something that you weren’t absolutely sure of

If you would like our advice on an LV injury claim offer, we would be happy to speak to you to go over your options.

Why You Do Not Need To Accept A Pre-Medical Offer

A pre-medical offer could be made to you by the negligent party’s insurer if negligence is admitted, or if they thought a claim might be forthcoming. If you were going to make an injury claim against LV because a negligent driver was insured by them, you might wonder whether it could be quicker and easier to accept such an offer to get the matter sorted. However, this offer is made on the basis of you not requiring a medical assessment, so the full nature of your injuries might not be taken into account. As such, you should always get a medical report detailing the extent of your injuries before accepting a settlement.

Why Do Companies Make Pre-Med Offers?

There could be many different reasons for an insurance company to make a pre-med offer. Medical assessments add extra costs to a case, so some companies might wish to try and avoid this where possible. Without a medical assessment, an LV whiplash payout offer that is pre-med, may not take into account the severity of your whiplash injury, and the long-term impacts of the injury and the effects on your life might not be considered.

With a medical assessment, it might be found that your injuries were ‘worth’ significantly more than initially thought. This could lead a higher payout. However, there would be no way of knowing this unless you went ahead with a medical and refused the pre-med offer. Most claims cannot be re-opened once a pre-med offer is accepted.

In some cases, people might feel under some kind of financial pressure to accept an offer to quickly relieve such pressure. However, we would advise against this, as you might not get all of the compensation you would be entitled to, and if you had to then go on and pay for more treatment, or suffer further losses of income due to time off work with your injury, then you might find yourself under more financial pressure.

At Accident claims, we would advise you to contact us for advice on any LV injury claim, so that a specialist solicitor could do everything possible to secure you as much compensation as your car insurance claim is worth.

Could You Claim Whiplash Compensation If Partially At Fault?

If both sides are insured by the same insurer, then it might be possible for you to claim a reduced amount of compensation for your whiplash claim. Some ways you could do this would be:

  • Split liability claims
  • 50:50 liability claims
  • Knock for knock claims

We explain these in detail below.

Split Liability Claims

Where a claimant holds the defendant fully to blame for the incident, and the defendant says that the claimant contributed in some way towards their injuries which could be proved, then the compensation might be reduced. A split liability agreement could be made between those involved. If liability was agreed to be 60:40, then the claimant would receive only 60% of the total they were claiming for, to reflect their involvement, or contributory negligence.

50:50 Liability Claims

If both parties admit 50% liability each, or no agreement is reached by the parties involved as to who is to blame, and there is no evidence to prove either way, this could be considered a 50:50 liability claim. The overall value of the compensation would be paid as 50% of the claim’s value. If, for example, the other party was insured by LV, then the LV whiplash payout to you would be 50% of what you would have received had you not have been at fault at all. Your insurance company would pay the other party 50% of what their claim was worth.

Knock For Knock Claims

In knock for knock cases, insurers would pay their own policy holder’s losses. This is regardless of who is at fault for the incident. This could happen if there was no agreement as to who was to blame and the insurance companies agree to settle claims on this basis. The insurers could save costs in settling claims in this manner.

For more information on how LV injury claim payouts could be affected by partial liability, please do not hesitate to call us. We’ll be glad to go through the process in more detail.

Calculating LV Whiplash Payouts

If you’re wondering how much compensation for whiplash and back injury you could be looking at for your claim, then it would be impossible for an accurate settlement amount to be given to you, from an adviser, or via a personal injury claims calculator. This is because there would be certain intricacies within your case that could affect your payout amount. However, what we can offer you is a rough estimate on the bracket your claim could fall into, according to the Judicial College’s Guidelines. Below is a table explaining some injuries and their relevant guideline settlement amounts.

InjurySeverity of injuryAmount
Neck injury/iesCases would be assessed, and payouts could depend on the pain severity, and the existence of ongoing symptoms. This could include any ongoing back symptoms, as well as any treatment that could be required ongoing. The impact on the claimant’s ability to work could also be taken into consideration. Usually, recovery in these cases would be between 12 and 24 months. This bracket could include whiplash that resolves within this period.£3,810 to £6,920
Moderate neck injury/iesThis could include those injuries that might have had a detrimental effect on a pre-existing condition. Or, claimants could have experienced a more protracted recovery period. Injuries may leave them with a higher chance of future trauma, or some symptoms may remain.£6,920 to £12,050
Moderate neck injury/iesWrenching type movements that cause injuries could be included here. Disc lesions might also be included. Long periods of suffering or pain might apply to injuries in this bracket.£12,050 to £21,910
Moderate neck injury/iesDislocation, fracture, and other chronic injuries that leave claimants with less function might be included here. Injuries may leave them with a higher chance of future symptoms too.£21,910 to £33,750

If you can’t see the specific injury you’ve suffered here, then you could simply call us and explain your injuries, and we could advise you over the phone on the Judicial College’s guideline for that injury.

What Could Be Included In Special Damages?

As well as the LV whiplash payout for the injury itself, you might also receive compensation for costs that you incurred as a result of the car accident caused by an LV insured driver. These could include:

  • Earning losses – if you are on reduced pay because you have had to take time away from work because of your injuries, this could be compensated for as special damages
  • Medical bills – Whether you require physiotherapy that you would have to pay for, or prescription costs, these could also be covered as special damages within your LV injury claim
  • Travel costs – travel costs to medical appointments and parking charges might also be compensated for

If you have incurred another cost that you believe is associated directly with the car accident that led to your injuries, then please do not hesitate to call and ask our team if it could be included as special damages within your LV insurance personal injury claim.

No Win No Fee Claims Against LV= Car Insurance

When it comes to making personal injury claims for whiplash, you might consider using the services of a No Win No Fee solicitor. The way in which claims with a No Win No Fee personal injury lawyer work, is under an agreement, often referred to as a CFA, or Conditional Fee Agreement. Within the contract, which you would need to sign, are the conditions under which your solicitor would be paid for their services. This is referred to as a success fee, and is usually a percentage of the total insurance claim whiplash amount, and would be deducted from the payout so that you would not have to pay fees until the claim was settled, meaning no fees would be required upfront.

If your personal injury lawyer was not successful with your case, but your claim was a valid one, then the success fee would not be payable. At Accident Claims, all of our lawyers work on this basis, and we’re always happy to talk in more detail about how the process works, so if you’d like to know more, then please do get in touch with us.

Contacting Accident Claims UK

Are you looking for advice on making a claim with us, or would you like to begin one? Either way, we can be reached in a number of different ways. You could call our helpline, on 0800 073 8801, to speak to an adviser directly. Or, you might prefer to email office@accidentclaims.co.uk. Alternatively, there is always the Live Chat feature on the site.

When you call us, we’ll be sure to listen carefully to what has happened to you and give our honest assessment on your eligibility to make an LV injury claim. If, after we’ve answered any questions that you have, you would like to be provided with a solicitor who could handle your LV personal injury claim, then we would be only too happy to help in this way. If you haven’t decided whether or not to go ahead, then we won’t put pressure on you. This is your experience, and your decision to make. We will offer free no-obligation advice to you regardless of whether you use our service or not.

Whiplash Claimant Resources

What treatment is appropriate – The NHS has provided a guide on whiplash that talks through treatment options. You can find it here.

Whiplash reforms – Here, you can read about the whiplash reforms programme.

Government’s consultation on whiplash reforms – You can read more about reforms here.

General advice on car accident claims – Our guidance on claiming for a car accident could be useful when you are considering making a claim.

General advice on whiplash claims – Here you can see the updated whiplash claims guide.

Taxi accidents – Did you receive whiplash in a taxi? This guide may prove useful.

Article by JJ (Jo)

Editor Honey