To avoid missing the insurance company’s deadline, file a claim with the at-fault driver’s insurance company as soon as possible following your injury.
- Stick to the facts – Don’t guess or offer opinions; just give the insurer the facts. Give the accident’s date, time, and location. You can also inform your insurance company that you are receiving medical care. Do not reveal the extent of your injuries or the amount of discomfort you are experiencing. If you talk about these things, you can unintentionally harm your prospects of getting compensated.
- Don’t confess fault – Don’t blame yourself for the accident. While admitting fault does not prohibit you from collecting compensation, the insurance company may use what you say against you. Allow the claims procedure to unfold, and the evidence will show how much, if any, culpability you bear in the accident.
- Do not have an independent medical examination Your insurance may tell you that you must see their doctor, but you do not have to. This doctor works for the insurance company and is looking out for the best interests of the firm, which is to pay you less or nothing for your injuries.
Do you claim whiplash through insurance?
Is it possible to get compensation for whiplash injuries? Yes, you can lodge a whiplash claim on the at-fault driver’s insurance if you develop whiplash after being in an accident that wasn’t your fault whether as a driver or a passenger.
What is the average payout for whiplash in the UK?
For minor injuries with considerable discomfort and headaches lasting a few days to a few weeks, the average whiplash payout in the UK is between £1,000 and £3,000. In the most catastrophic situations, more severe whiplash injuries with longer-term effects can be settled for nearly £100,000.
For an informed assessment of your case’s chances of success and an estimated compensation sum, it is always advisable to contact an experienced solicitor.
What evidence do you need for a whiplash claim?
You’ll need as much proof as you can for a whiplash claim, which could include images, witness details from the incident or comments, and any medical reports relating to your injuries.
How do doctors check for whiplash?
Magnetic resonance imaging (MRI) is a type of imaging that (MRI). This imaging technique creates detailed 3D images using radio waves and a magnetic field. MRI scans can detect soft tissue injuries, such as damage to the spinal cord, disks, or ligaments, in addition to bone injuries.
At what speed does whiplash occur?
Every year, around 1 million people suffer from whiplash injuries, which mainly occur as a result of small fender-benders. Despite the numerous whiplash instances recorded, many doctors find it difficult to diagnose and even more difficult to define an effective treatment. Although 90% of patients with whiplash injuries recover in a year or less with little or no treatment, others appear to have persistent pain. That’s why it’s been dubbed “the riddle of whiplash injury” by one medical publication.
Whiplash is one of the most common traumatic injuries to the neck that can occur when a vehicle comes to a rapid halt or when a stopped car is rear-ended by another vehicle. When the force of the contact snaps the driver’s or a passenger’s head violently forward and back by the impact, creating a mild to severe strain to the neck region, an injury ensues. Whiplash and whiplash-associated disorders (WADs) can cause damage to the bones, disks, muscles, nerves, and tendons in the neck, according to the American Academy of Orthopaedic Surgeons.
Whiplash can happen even if you’re not driving rapidly. When an automobile travels at speeds as low as 5 mph, whiplash injuries can occur. Although driving is the most common cause of whiplash, it can also be caused by abrupt stops on roller coasters or other amusement park rides, sports injuries, or being struck or shook. Whiplash injuries or brain damage can occur when small babies are violently shaken.
This is typical of whiplash: symptoms may appear immediately, but they generally take several hours to develop and then increase over the next 24 to 48 hours.
According to the National Institute of Neurological Disorders and Stroke, most neck and head discomfort symptoms go away after a few days or weeks (NINDS). Others may take up to three months to recover. However, roughly 25% of whiplash patients experience symptoms for up to a year, and about 10% of patients get persistent symptoms as a result of their injury.
Whiplash is difficult to detect since the majority of injuries are to soft tissues, such as muscles and ligaments, which do not show up on x-rays. Doctors may prescribe advanced tests such as computed tomography scans or magnetic resonance imaging if an x-ray fails to detect a problem (MRI). But, more often than not, they’ll establish a diagnosis based on your medical history and symptoms, as well as ruling out other conditions.
If you’ve consulted your doctor about your injuries but the symptoms haven’t gone away after six weeks, you should see a specialist. You should speak with your doctor about seeing a specialist, such as a neurologist, to assist diagnose your problem.
How long does a whiplash claim take?
The majority of whiplash claims are resolved within six months, but this is based on a number of circumstances, including:
Based on the specific facts of your case, your lawyer will be able to give you an estimate of how long it will take.
Is there a minimum speed for whiplash claim?
If you were engaged in a low-speed incident, such as when a vehicle crashed into the back of you while you were stopped at a traffic light, it may appear that you were unscathed at first. Perhaps your vehicle had little or no damage, and your primary emotion is relief that the situation was not more serious.
Is it possible to sustain a whiplash injury during a low speed collision?
When one car collides with another, the impact of the collision causes the driver’s or passenger’s head and neck to be flung back and forth abruptly and forcefully.
The soft tissue and ligaments of the neck are stretched beyond their usual range of motion as a result of this. Whiplash is entirely conceivable, and indeed very common, at low speeds since the neck damage is caused by the fast, abrupt impact of the accident.
Pay attention to any unusual feelings you may have following a low speed collision
It is crucial not to assume that you are undamaged after a low-speed collision, often known as a Low Velocity Impact (LVI). The reason for this is that whiplash symptoms do not usually develop immediately after a collision, and might take several hours or even days to manifest.
Whiplash symptoms include neck pain, stiffness, and discomfort, restricted movement, nausea, and disorientation when they first develop. If you have any of these symptoms or have any other reason to believe you may have had a whiplash injury, you should seek medical assistance from your doctor as soon as possible. Strong painkillers, light mobility exercises, and, depending on the severity of the injury, a course of physiotherapy will be recommended.
How speed has a bearing on the type of injuries you are likely to sustain during an accident
The type and severity of injuries incurred are inextricably linked to the speed at which a collision occurs. While whiplash can occur in both low-speed (up to 5 mph) and moderate-to-high-speed incidents, moderate-to-high-speed collisions are more likely to result in other injuries such as fractured bones, brain injuries, and concussion.
How many physio sessions do I need for whiplash?
The whiplash injury to the driver was stated by the medical expert to consist of soft tissue injury pain in the neck, shoulder (right), and upper back following a road traffic accident claim. When the air bag slammed into his face, he received some bruising on his nose.
The nasal damage was believed to have healed completely in two months. For the first six months after the car accident, the whiplash injuries and shoulder pain were described as mild to severe.
The claimant recovered completely in less than 11 months. To help the claimant recover from the whiplash and back injury pain, ten sessions of physiotherapy were required. The claimant was absent from work for 5 days and was compensated for the loss, as well as costs and other miscellaneous losses.
Should I accept First whiplash offer?
Before submitting your request for compensation to the other party, your personal injury lawyer will consult with you to determine an appropriate amount of compensation. This amount is based on your situation and what other similar compensation payments have been made in the UK recently. A document titled “Guidelines for the Assessment of General Damages in Personal Injury Cases” is published by the Judicial College. If your offer is within the agreed-upon range, your lawyer may advise you to accept it.
Before deciding on an appropriate amount of compensation, some issues must be answered. These are some of them:
- What is your prognosis for a full recovery and when do you think you’ll be able to do so? Is it likely that you’ll be in pain for months, years, or even your entire life?
- What have your lost wages, travel expenditures, medical charges, and other out-of-pocket expenses cost you as a result of your injury?
- Who was responsible? Even if you were not at fault, insurance firms frequently make initial offers that specify joint liability.
The Importance of Evidence
Your lawyer will interview with any witnesses to your accident to help verify and validate your version of events, in addition to your post-accident medical records and police report (if the police attended the scene of your accident). They may also arrange for an independent medical evaluation, depending on the severity of your injury and prognosis, as well as a description of the impact it has had on your life.
Without evidence, a claim can be reduced to your word against the other party’s, making it more difficult to refute if they claim you were at least partially responsible for your injuries. The more compelling your original case, the more quickly your claim will be handled and the higher the sum you will receive.
Receiving an Unsolicited Offer from an Insurance Company
We occasionally get calls from persons who have been in an accident recently. They have not yet had the opportunity to obtain legal counsel, but they have been approached by the other party’s insurance company with a settlement offer. The question they’re asking is whether the initial, unsolicited offer is reasonable and acceptable. In almost every case, the answer is “no.” An insurance company will not give you money unless they believe it will benefit them financially if they have to pay you less later.
In such circumstances, we’ve partnered with personal injury attorneys to secure a far larger settlement for the client.
How is an Offer Received?
To be legally binding, any offer of compensation must be made in writing, detailing the amount and any deductions, such as those for divided liability. It’s known as a “Part 36 offer” since it complies with the Part 36 Civil Procedures Rule 1998. You have 21 days from the time the offer is made to decide whether or not to accept it. If you accept a Part 36 offer without first seeking legal counsel, you risk invalidating your contract, especially if you have a conditional fee agreement or are utilizing an insurance policy to cover your legal expenses.