By Jo Anderson. Last Updated 2nd October 2023. In this guide, we’ll discuss the requirements and process for making a valid whiplash claim. Should you have been involved in an accident that has caused a whiplash-related injury, then you might be searching for a solicitor; one who could handle a personal injury claim for whiplash compensation. You may also want to know what the whiplash claims average payout is. If so, this online whiplash injury claim guide can help.
Whiplash injury compensation
Below, we discuss whiplash-related claims in greater length. We’ll also answer questions about what evidence can support whiplash claims and how much you could potentially claim, depending on the severity of your injury.
If you would like to speak to an advisor about the whiplash claim process, then you can contact Accident Claims today either online or on the phone. You can get in touch by:
- Calling us on 0800 073 8801
- Filling in our online contact form
- Using our 24/7 live chat service
Choose A Section
- What Is A Valid Whiplash Claim?
- What Is Whiplash?
- The Whiplash Reforms Programme
- Compensation For A Whiplash Injury
- What Can Payouts For Whiplash Claims Cover?
- How To Claim For Whiplash
- No Win No Fee Whiplash Compensation Claims
- Essential Links Relating To Whiplash Injury Compensation
What Is A Valid Whiplash Claim?
To be eligible to claim for whiplash, you would need to demonstrate that your injury was caused by a relevant third party breaching the duty of care they owed you.
Road users owe one another a duty of care. Per this duty, they must navigate the roads in a way which avoids causing harm to themselves and others. Additionally, they must adhere to the rules and regulations set out for them in the Road Traffic Act 1988 and the Highway Code.
Should another road user fail to adhere to this duty of care, this could result in you becoming injured in a road traffic accident. In this case, you may be eligible to make a personal injury claim.
However, it is important to note that with the introduction of the Whiplash Reform Programme, the process of how certain whiplash compensation claims are made has changed. We will discuss this in more depth, later in this guide.
To find out whether you may have a valid personal injury claim, you can contact our advisors. They are available 24/7 to help answer your questions and offer free advice.
What Is Whiplash?
If you have been involved in an accident (such as an RTA) that has caused an injury, then you might have experienced whiplash. The effects of a whiplash related injury could take a toll on the body in a variety of ways, impacting physical health and psychological well-being. The intensity of a whiplash injury will directly influence the timeframe of the recovery process. Whiplash could have a minor, moderate or severe impact on the body, and the recovery process can differ. To acknowledge the severity of the injury, a GP could perform simple tasks. The GP will evaluate:
- The Range of Motion In The Injured Area (Neck, Shoulder, or Back)
- Degree of Motion
- Tenderness
- Reflexes, Strength, and Sensation
The Whiplash Reforms Programme
The introduction of the Whiplash Reform Programme changed the process of how certain road traffic accident claims are made in England and Wales.
You will now need to make your claim via a different avenue if you were a passenger or driver of a vehicle aged 18 or over that suffered injuries valued at £5,000 or less, such as whiplash.
Your whiplash injuries will also be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts. Any additional injuries you have suffered that are not covered by this tariff will be valued traditionally.
Contact our advisors today if you are unsure which avenue you should take when making your personal injury claim.
Compensation For A Whiplash Injury
When claiming compensation for a whiplash injury, it’s important to consider how the whiplash reforms might impact your claim. The Whiplash Reform Programme introduced changes to the way claims are made for whiplash and soft tissue injuries sustained by adult passengers and drivers that are worth £5,000 or over. In these instances, the claim would need to be made via the government’s Official Injury Claim portal with the whiplash injuries being valued in line with the tariff outlined in the Whiplash Injury Regulations 2021.
If you are not required to make your claim via the government’s official portal, your whiplash injuries will still be subject to the whiplash tariff. This is because they apply to all occupants inside a vehicle.
If you have sustained other injuries not included in the tariff, these will be valued in the traditional way.
For more information on claiming for whiplash after a car accident, please get in touch on the number above. They can help you understand the process you may need to take to seek compensation.
What Can Payouts For Whiplash Claims Cover?
You might want to know the average payout for whiplash in the UK. This might not be very helpful for you due to the differences between claims. For example, some claims include special damages. In this section, we look at what could be included in your compensation regardless of which whiplash claim process you follow.
General Damages
If your claim is successful, general damages compensates for your physical pain and mental suffering caused by the accident. To help arrive at a figure for general damages, legal professionals use the Judicial College Guidelines (JCG). This document lists injuries in varying severities alongside compensation brackets for injury value guidance.
However, if you suffer whiplash, your injury will be assigned a tariff from the Whiplash Injury Regulations. This applies even if you aren’t claiming through the Whiplash Reform Programme.
Our table below contains figures from the JCG and tariffs from the Whiplash Injury Regulations. It is provided only for guidance. It does not represent what your claim could be worth.
| Injury | Amount | Notes |
|---|---|---|
| Neck Injury – Severe (i) | In the region of £148,330 | An injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. |
| Neck Injury – Severe (ii) | £65,740 to £130,930 | Serious damage to the discs in the cervical spine or fractures that cause disabilities of a considerable severity. |
| Neck Injury – Severe (iii) | £45,470 to £55,990 | Ruptured tendons, severe soft tissue damage, fractures, or dislocations that lead to chronic conditions. |
| Neck Injury – Moderate (i) | £24,990 to £38,490 | Dislocations or fractures that cause immediate severe symptoms and may require spinal fusion. |
| Neck Injury – Moderate (ii) | £13,740 to £24,990 | A severe disc lesion or a wrenching-type or soft tissue injury that results in various issues such as cervical spondylosis and recurring pain. |
| Neck Injury – Moderate (iii) | £7,890 to £13,740 | Injuries that may have accelerated or exacerbated a pre-existing condition by less than 5 years. |
| Whiplash Injury Regulations 2(1)(a) | £4,215 | A whiplash injury lasting longer than 18 months but not more than 24 months. |
| Whiplash Injury Regulations 2(1)(b) | £4,345 | A whiplash injury paired with a psychological injury that lasts longer than 18 months but not more than 24 months. |
Special Damages
As stated above, you may recover special damages for any expenses you incurred due to your injuries. However, you will likely require evidence of your spending, such as receipts.
Examples of what you could recover under special damages include:
- Loss of earnings for time spent off work, including present and future earnings as well as pension contributions.
- Medical expenses. These could include physical therapy and prescription costs.
- Repairs or replacements of damaged property. If any of your personal belongings, such as your car, were damaged in the accident that caused your injuries, you could claim back the costs of having it repaired or replaced.
- Home help. For example, you may need help with the cleaning while you recover. If you hired a cleaner, these costs could be recovered.
It should be noted that if you are claiming under the Whiplash Reform Programme, the overall value of your claim cannot exceed £10,000. This means that the combined figure of general damages and special damages must be £10,000 or less.
Our advisors can help you understand how much compensation for whiplash you might receive in a successful claim with a free valuation. This can help you decide if you should claim through the whiplash reforms or in the traditional manner.
How To Claim For Whiplash
When claiming for a whiplash injury, you may need to claim through the Whiplash Reform Programme (WRP). This is a government scheme that aims to streamline the process of claiming for whiplash and other road traffic injuries below the value of £5,000.
Claiming through the WRP would be a different process to making a personal injury claim. Here, you would need to use the online portal, which will guide you through the entire process.
If you do not meet the WRP criteria, you would make a personal injury claim. In this case, you would need to send a Letter of Claim to the faulting party to inform them you intend to file a claim against them for negligence.
Regardless of how you claim, you will need to present evidence. CCTV footage, photographs, and medical evidence are good examples of the ways you can support our claim. You may also find it helpful to hire legal assistance when making a claim for a whiplash injury.
No Win No Fee Whiplash Compensation Claims
In simple terms, an arrangement of this nature is a mutual agreement between the solicitor and the claimant. The contract outlines the payment aspect of the claims process. If a solicitor offers you a No Win No Fee agreement that has a successful outcome, then you as the claimant will be required to pay a success fee for the services that have been provided.
A legally-capped percentage from the compensation awarded will usually cover the solicitor’s legal fees. In the event a solicitor takes on a valid claim but is unsuccessful at attaining an awarded settlement, then the no win no fee agreement could reduce the threat to claimants’ finances as there will be no need to pay the solicitor for their time and service.
If you wish to learn more regarding No Win No Fee agreements, please do not hesitate to contact a member of our team.
You can contact our team of advisors through the following methods:
- Give us a call on 0800 073 8801
- Reach us online using our online form
- You can also contact us online through our 24/7 live chat
Essential Links Relating To Whiplash Injury Compensation
We sincerely hope that this online guide has been useful in describing the claims process for a whiplash-related injury. If at any point during this guide you have felt confused or had a question, please do not hesitate to contact a member of our team. In addition to this online guide, we have provided some extra materials that we believe could be of use. You can find the links to the relevant pages located down below:
- NHS Page On Whiplash
- Car Accident Claims Explained
- Whiplash Injury Compensation Claims Calculator
- Slip and Fall Incident caused by Snow or Ice
Thank you for reading our guide on how to make a valid whiplash claim. Finally, if you believe you could be eligible for whiplash compensation; please call our team.