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24 Feb 2021
Chris Torney Chris Torney

What is whiplash, and how do you claim for a legitimate injury?

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Doctor adding a neck brace to an injured patient

All you need to know about whiplash, the claims procedure and how it impacts your insurance. 

One of the most controversial aspects relating to motoring and car insurance today is people who suffer whiplash after a car accident are compensated.

The extent of a whiplash or other soft-tissue injury is  more difficult to assess than, say, a broken leg.

There’s a great deal of concern that a large proportion of whiplash compensation claims are either exaggerated or invented for financial gain.

To crack down on this, legislation was passed in 2018 that aimed to clampdown on whiplash claims. 

But the fact remains that whiplash injuries are frequently suffered in road accidents, and in many cases they can cause significant long-term pain and discomfort.

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Claiming compensation for whiplash

Whoever was responsible for the whiplash you have suffered, you may be entitled to compensation from an insurance company if the injury is particularly serious and long-lasting.

This compensation may address any pain or discomfort you suffer, as well as any financial losses, for example if you need to take time off work to recover.

As with any claim for damages, it’s important to gather as much evidence as possible.

This should include photos and witness details or statements from the accident itself as well as medical reports concerning your injuries.

The insurance company for the party responsible for the accident may offer an out-of-court settlement which you are free to accept or reject.

If your accident involved an uninsured driver, things can get a bit more complicated but you may be able seek compensation from the Motor Insurers' Bureau (MIB).The MIB was set up to help compensate victims of accidents caused by drivers who either aren't insured or can't be found.

There are scores if not hundreds of legal firms in the UK that will offer to help you negotiate a claim or even take your case to court.

Typically, they’ll operate on a no-win, no-fee basis: this means you only pay their fees out of any settlement you receive.

 

How much compensation could you get?

The size of a settlement depends on a number of factors, including the severity and duration of the injury and any financial losses that result.

But in recent years, typical payments have been in the region of between £1,500 and £3,000.

 

Whiplash compensation rules

In 2018, the government made changes to the law to reduce the number of false personal-injury claims and the cost of settling them.

This aimed to save motorists around £35 per year on their insurance premiums. 

Included in this is a system for whiplash compensation which means a fixed amount of compensation is paid out.

Insurers are also prohibited from making settlements for whiplash unless they've seen medical evidence of such injuries.

 
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