How to Claim Whiplash Compensation
Planning to claim whiplash compensation after an accident? You’re not alone; in fact, of all the car accident claims that are brought, up to 75% of them include whiplash injuries, which come with an average compensation payout of $5,000 per incident. Here’s how to claim whiplash compensation after you’ve been injured in an accident.
Understand the basics
First things first, you need to understand how whiplash claims work. This will help you decide whether or not it’s worth making a claim. If it turns out it isn’t, you can stop reading here! In England and Wales whiplash claims do not need a specific period of recovery before they can be made and most people who have been injured in car accidents can make a claim for whiplash compensation. For more information on what happens when someone makes a whiplash claim see our page: What Happens When You Make a Whiplash Claim?
Know the terminology
One of the biggest barriers in learning how to claim whiplash compensation is knowing what you’re talking about. It’s important that you understand all of your legal rights, and for that, you need a firm grasp on legal terminology. Whiplash itself refers to an injury caused by a sudden jolt or movement that causes muscles and tendons in your neck and back to suddenly tighten. As an example: If a car crashes into yours, causing your head and neck to jerk forward, then snap back again—that's a common cause of whiplash injury. In most cases, like any other kind of personal injury, damage is caused by negligent drivers whose primary responsibility is looking out for everyone else on the road but failed at their duty.
Get your medical records
Get a copy of your medical records from your doctor. You’ll want these for two reasons: The first is obvious—your insurance company will need them in order to evaluate your claim. The second reason is less obvious but very important. Your medical records are proof that you were injured and should be compensated. Without those records, you have no proof that you were hurt, which means it could be harder to get what you deserve. So make sure you get copies of all your medical records before filing a whiplash compensation claim. Your lawyer can help you with that if necessary.
Prepare for the medical test
The first step in making a successful claim for whiplash compensation is preparing yourself for what will happen on medical day. The medical assessment is an important part of any whiplash compensation claim because your injury must be verified before any amount can be agreed upon or awarded. Remember, your doctor doesn’t have to accept you as a patient if they don’t believe you are injured! Don’t let them play games with you. The last thing that happens on medical day is a verbal agreement from your doctor about how much money you should be awarded as long as all goes well. This can feel like pressure, but it isn’t at all; it just means there are no changes or surprises on that day and your case can progress normally after that.
Find a specialist solicitor/lawyer/barrister with experience in these claims
Find a specialist solicitor/lawyer/barrister with experience in whiplash compensation claims and who has won similar cases before. Solicitors with experience in whiplash compensation claims will have previous knowledge of all aspects involved in getting your claim through as smoothly as possible, as well as expert knowledge of all related legislation that applies to such incidents. For example, there are legal steps that you will have to take after an accident before you can make a claim for whiplash compensation which must be followed exactly; not doing so can hinder your chances of receiving any financial remuneration from whatever insurance company may be liable for your injury. This is why it is strongly advised that you work with a solicitor who knows these processes inside out and get them resolved quickly. The more time that passes between your incident and when you begin making a claim, the less likely it is that you’ll receive any money at all. So don’t delay! Get yourself into contact with a professional lawyer or law firm today.
Gather evidence
It’s not enough for you to tell a solicitor that you think you might have whiplash. You need proof of your claim. That could be a medical report, witness statements or photographs of where you were injured. Without evidence, your chances of getting compensation are slim. Don’t leave it until it’s too late and make sure you get all your documentation in place as soon as possible after an accident has occurred. If a car accident involves whiplash, speak with a specialist personal injury solicitor right away so they can help build up your case with experts like health care professionals, engineers and accident investigators before more time passes. Make sure you get all your paperwork together: check if any witnesses saw what happened; take photos of any damage to both vehicles; keep receipts for any travel expenses incurred; record details about how long you were off work etc. Your solicitor will then use these documents when negotiating on your behalf.
Contact your insurer
Your insurer should be able to provide you with a procedure for making a claim. This is typically quite formal and requires that you provide your insurer with details of what happened and of any medical treatment or expenses. You’ll probably have to pay for medical tests as part of your claim, so make sure you speak with your insurer about which tests are covered and at what cost. Be aware that if you reject an offer from your insurer, it might restrict access to compensation further down the line should your condition worsen or if other symptoms emerge later on. If you’re not happy with your initial offer, don’t be afraid to shop around by getting quotes from other insurers. However, bear in mind that insurers may still refuse to cover certain conditions after taking out insurance elsewhere—so it's important to check exactly what they'll cover before committing yourself. It's also worth noting that insurers won't always accept liability straight away—and may even try and blame someone else (such as another driver) in order to avoid paying out compensation. If you feel like you're being treated unfairly by your insurer, remember that there are regulatory bodies who can help resolve disputes between consumers and their insurers—check out Which? Legal Service for more information on how to get help if things go wrong when claiming whiplash compensation .
Calculate your losses
No one knows your case better than you. Because of that, it’s up to you to calculate your losses and determine how much money you should be compensated for all of your pain and suffering. Of course, if things seem like they’re out of whack or difficult to calculate, it’s always a good idea to consult with an attorney. They will have years of experience in calculating car accident claims and will be able help guide you through what is often a very confusing process. Once you’ve got a solid estimate on how much compensation is fair, let your insurance company know right away so that you can get back on track with your life and recover as quickly as possible!
