Whiplash Claims – How To Prove Whiplash And Claim Compensation

147 questions have been answered on this subject, why not ask your own?

Many who oppose the no win no fee personal injury claims process say that whiplash is a made up injury and abused by claimants looking for a quid or two. However, anyone who has sustained a whiplash injury knows the truth. Whiplash can cause serious pain, ongoing discomfort and prevent people living their life as usual. In some cases, people can suffer permanent injuries as a result. By seeking compensation, claimants can win a settlement to cover the pain and distress of their whiplash injuries, recover any losses (including lost wages) and access rehabilitation therapies.

Claims for whiplash compensation are usually an easy matter to resolve and can be settled within a short period, usually 3-6 months from the date a whiplash claim is started. But before you can win a settlement, you need to know if you actually have whiplash and a valid claim.

What is whiplash?

Most people think whiplash is simply a pain in the neck, yet it can be much more than that. Caused by the hyper extension of major and minor muscles, whiplash is a phrase used to cover injuries to the muscles and soft tissues around the spine, most commonly in the neck and shoulder region.

In minor cases, a person suffering whiplash is likely to have stiffness in the neck, a feeling of weakness and pain from simply supporting their head and perhaps discomfort when turning their head in one particular direction. These symptoms are painful and upsetting, but you should expect to recover within 4-8 weeks from the date of the accident.

In more severe cases, symptoms can last many months or indeed be permanent, and could also include pins and needles in the arms, a loss of sensation in the hands and fingers, severe headaches, loss of balance, lack of sleep, lower back and even leg pain. Of course, the more severe the symptoms, the greater the value of a settlement, should you be successful with a claim for personal injury compensation.

Most whiplash related injuries are caused in car accidents. However, whiplash can also be caused by slips on wet floors or tripping accidents. Indeed, any heavy impact that causes the muscles and ligaments of the upper spine and neck to be violently jolted from side to side, or back and forwards, is likely to cause a whiplash related injury.

How to make a whiplash compensation claim

The sooner you start your claim, the sooner we can help you make sure that you have the maximum chance of succeeding. We can run through an accident claim checklist, help you to make sure that you have reported the accident to the right people and give your whiplash compensation claim the best chance of succeeding.

No two accidents are the same and with this in mind, it is vital that you seek proper advice so that you know whether or not you have a viable claim. However, there are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise:

  1. Have you been involved in an accident that was not your fault?
  2. Have you developed whiplash related symptoms – pain or stiffness in neck, shoulders or upper back?
  3. Have you received medical treatment, seen a GP or been to A&E?
  4. Has your doctor confirmed your injuries as whiplash?
  5. Do you think that your whiplash related pain and discomfort will last more than a few days?

The above is nothing more than a basic guideline.  Even if you answer no to some of these questions, you may still have a valid claim for whiplash injury compensation.

How to prove you have whiplash with medical evidence

As with all claims for personal injury compensation, whiplash claimants need to provide sufficient evidence to support their claim. In order to prove that you have suffered a whiplash injury, you will need to have a professional medical diagnosis made of the symptoms you are suffering with. This can be done by visiting an A&E department or by seeing your GP.

People injured in a car accident are often not sure what to do next after such a traumatic and upsetting event. Whiplash injuries can take a few hours or even a few days to become painful, so victims don’t always receive immediate treatment from a doctor or hospital. However, medical evidence will be needed to support a claim for compensation and prove to the defendant that you have suffered a whiplash injury, and it will also prove the severity of your injury.

It doesn’t matter if you have not already seen your doctor or been to hospital, you can still start your claim and we advise that you do just that – don’t delay your claim for too long as it could have a negative impact on the outcome.

How much compensation do you get for whiplash?

Every whiplash claim is different as a result of the injuries sustained, so it’s impossible to tell exactly how much compensation you could be entitled to without a medical assessment. In negotiating a settlement awarding whiplash compensation for your injuries, the following factors are taken into consideration.

  • How severe the whiplash injury is
  • Whether the injury prevents you from working
  • How much of an impact the injury has on your day to day activities
  • Whether ongoing treatment is necessary

These are the most important elements in assessing the value of your whiplash compensation claim, although there are many other factors to consider too. When the initial evidence has been collected your solicitor will be able to let you know the likely level of compensation you can expect for your injuries. Your settlement will not only cover your injuries, but expenses such as lost earnings, and car hire and repairs.

Your solicitor will gather all of the evidence necessary to obtain the maximum amount of whiplash compensation for you. Claiming can also allow you to access specialist rehabilitation therapies to help speed your recovery, all at the expense of the liable party.

Whiplash rehabilitation therapies

By the time people suffering from whiplash injuries contact us to start their claim for compensation, most have not had any rehabilitation therapy whatsoever, just the painkillers and anti-inflammatory drugs initially prescribed to them. Many have been referred to their NHS physiotherapy provider, but with waiting lists often approaching 6 months, it can feel like it is not worth bothering.

By making a no win no fee claim for whiplash injury compensation, your solicitor can arrange a course of suitable rehabilitation therapies to help you recover more quickly from your symptoms. The costs for these therapies will be met by the insurers you’re claiming against, not deducted from your injury compensation settlement, and because they are privately funded access to the therapy will be fast. Appointments for treatments will be made at a provider local to you and at a time to suit you. Common types of whiplash rehabilitation therapy can include:

  • Physiotherapy
  • Osteopathy
  • Massage Therapy
  • Acupuncture
  • Personal training

See if you can make a whiplash claim

We understand that making a claim for whiplash compensation can be a daunting prospect. However, at Direct2Compensation we’ll explain the stages of our simple claims process and give you the confidence to proceed with your claim. Indeed, if you have any questions, you can contact us with no obligation. At Direct2Compensation we guarantee two things: Firstly, that we will never pressure you in to making a claim, and secondly, that should your claim fail, it won’t cost you a penny.

If you’re wondering about your situation, feel free to leave a question at the bottom of this article or call us on 01225 430285, or if you prefer, .

Lastly, if you are suffering from whiplash, the NHS website has some useful guidance available at https://www.nhs.uk/conditions/whiplash/.

147 questions have been answered on this subject, why not ask your own?

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    Questions

    Read on for questions and advice about claiming, plus whiplash claim examples...

    Hi i had a car crash over 2 years ago and i sustained whiplash. Other party at fault. I saw a medic as part of insurance and he prognosed my whiplash would be resolved by 8 months later. I had physio and they recommended further sessions which never happened as solicitor was inept and by the time they sorted it the date for physio came after the date the doctor said i would be fully recovered. A year after the crash date i sought treatment from an osteopath for the pain which has continued in the exact same place in my neck. After various issues with solicitor they finally organises for me to see another medic, this was 18 months after the crash. He recommended an mri which took place 4 months later. And 4 months later i have his report. The report states that the mri shows degenerative changes to my spine which were not caused by the crash. He states that the pain i am in is because if this. Not the crash and whiplash and that the onset of these degenerative symptoms would have been the exact same month the initial dr said my whiplash would have resolved. So basically one day in November my pain from whiplash goes and the next day i wake up with pain from spine degeneration! I have no history of shoulder or neck pain before the crash. An MRI wasnt taken after the crash. The pain i experience daily is the exact same place in my neck which i had after the crash, other than abate slightly this has not changed. My solicitor is saying she knows this is not the outcome hoped for and that all pain experienced over the past 20 months is not due to the crash, that without evidence to the contrary the doctors opinion will stand. I dont agree with the doctors report and don’t know what to do. Can i challenge his opinion given my history and no baseline etc? Do i have to consent to this mri report and opinion being shared with third party insurer. I need to respond to solicitors but dont know what to say.
    Thanks.

    Ian Morris

    This is a very frustrating situation in which you find yourself. Sadly, contesting the opinion of a medical professionals report in terms of a personal injury claim is far from easy. You could seek a further medical assessment, but you would be liable for the costs of the assessment (whether you succeed in your claim or otherwise – as you can only have a defendant cover the costs of one report) and there is also a risk that the 2nd Doctor will reach the same conclusion.

    This issue is a common problem for people pursuing a claim after an accident. Prior to the accident, they are not in pain or discomfort and as far as they are aware, there is no issue. They then sustain an injury in an accident and develop long lasting or permanent symptoms which would appear to be due to the incident. However, a medical expert then decides that the pain the claimant is suffering from was brought on by the accident, but would have happened anyway due to age degeneration or ‘wear and tear’. Whilst this doesn’t end the claim, it does mean that the claimant will only be able to claim for the fact that the incident has sped up the process at which they would have suffered anyway.

    As you can imagine, unless you had an MRI scan or similar on the injured area in the months before your accident to compare with the one taken after your accident, you are somewhat stuffed with regards to having any way of over turning the view reached by the medical expert.

    Stella

    Thats what I thought! Thank you for clarifying. It is very annoying!

    Reply

    I was involved in car accident in work van car went into side rear of work van, can I claim for whiplash?

    Ian Morris

    Yes, you can make a claim. IMPORTANT: If your injuries include bone damage/lacerations or if the accident was on or before 31st May 2021, contact us immediately. Our Solicitors can act for you on a No Win No Fee basis.

    However, if your accident was after 1st June 2021 (unless you have suffered a bony injury or laceration) you will be subject to the whiplash reforms. Effectively, these reforms mean that you can’t use a Solicitor (you can, but you can’t recover legal costs so a Solicitor would have to deduct up to 50% of any award to enable them to cover their costs. This is not something we would entertain as it is simply unfair on the client and it would be unethical to do so.

    If you are subject to the whiplash reforms, you can now pursue a claim without legal representation via the official injury claim website. Unfortunately, whiplash settlement values have been reduced considerably by the insurers in their success in convincing the government to bring in these changes. Where settlement values for whiplash used to range in from around £1350 at the very minor end and up to £2-£3k in many cases, claimants will now receive around 1/4 of that amount.

    Reply

    Can I still drive my car with whiplash?

    Ian Morris

    As long as your Doctors have not prohibited you from driving and you are safe to drive without presenting a risk to other drivers or pedestrians, you are able to continue to drive.

    Reply

    Can I claim if I have been attacked in the street and been left with whiplash?

    Ian Morris

    If your injuries were caused by way of a criminal assault as would appear to be the case, you need to ensure that the incident is reported to the police (and that you cooperate with the Police in their investigations of the matter) and that you seek medical attention for any injuries sustained.

    Our Solicitors can then assist you in pursuit of a No Win No Fee claim via the Criminal Injuries Compensation Authority scheme for the victims of non-fault criminal injuries.

    Reply

    My step daughter was involved in a car accident as a passenger- she injured her arm and received whiplash which was verified by the GP. Unfortunately the driver of the vehicle she was in would not give her his insurance details. The police say the accident needed no further action. The police will not give info of the insurance- there is a case number and the name of the driver and police officer – how can she proceed to claim? She missed out on a job interview the following day because of her injury.

    Ian Morris

    If the accident happened after 1st June 2021 and the injuries are of a soft tissue nature (i.e no broken bones or lacerations), your step daughter will have to pursue a claim via the official injury claim portal. To proceed with a claim, the claimant will normally need the vehicle registration details along with information about the accident location, date and time.

    Reply

    I had a car accident in September 2021, I was stationary (3rd car) but hit from behind 2 cars. Non at fault, my car has been fixed by 1st car insurance had paid.
    I had whiplash and was signed off, had diazepam and zapain as my whole back was in spasm. I now have shoulder pains which is suspected a result of the accident.
    I have thought about claiming whiplash- but 2 questions:
    1) should I wait until shoulder is ok or claim while still struggling with it?
    2) the 1st car was a previous colleague, would he be notified of my claim or would it be insurance company direct? I feel a bit guilty about claiming knowing the driver.

    Ian Morris

    Given the new protocol for personal injury claims (for soft tissue injuries) arising from road traffic accidents which took effect as of the 1st June 2021, it would be prudent for you to gain a better understanding of the shoulder injury you have sustained. We say this as claimants wishing to pursue a No Win No Fee claim for soft tissue injuries after a car accident must now have injuries valued at £5000 to be able to recover legal costs (and therefore instruct a Solicitor on a No Win No Fee basis). Generally speaking, this means that claimants will need to have longer term injuries rather than the previous scenario where whiplash symptoms lasting for 4-6 weeks would suffice.

    It would seem that you are likely to meet the new criteria given the ongoing injury problems you describe, but getting a formal diagnosis of the shoulder injury and an idea of recovery prognosis from a specialist would help you to establish and prove that the value criteria is met.

    In terms of your former colleague being aware that you had claimed personal injury, this is unlikely to happen. The insurers have already admitted liability and resolved the vehicle situation. Therefore, should a personal injury claim be made in due course in which the injuries are consistent with the accident details on record, they will not question the matter or need to seek any statement from the drivers involved.

    You have up to 3 years from the date of your accident within which you can pursue a claim. Our view is that as your injury symptoms remain present now, you are in a position to pursue a claim on a No Win No Fee basis.

    Reply

    Some weeks ago, I had my car parked in a Hospital car park, my car was parked in one place and I was sat in it. Next, somebody wanted to park their car in the parking bay next to me and whilst they were reversing into the parking bay to park their car into it, they reversed into my car and hit my car. Do you think I can make a claim for personal injury?

    Ian Morris

    If the incident you refer to happened after 1st June 2021, you will not be in a position to instruct a Solicitor to make a No Win No Fee personal injury claim unless you were seriously injured. This is as a result of the changes in soft tissue claims for injuries sustained in non-fault Road Traffic Accidents as a claimant can no longer recover legal costs or previous claim values should their injuries be of a soft tissue nature and valued at less than £5000.

    Reply

    I’m a courier for an opticians and I was crashed into the back of by a car travelling at 65mph that pushed another car into the back of the car, causing me to have severe whiplash, with back and neck and movement related injuries. I’m now scared to drive alone and experience extreme paranoia in a vehicle.

    Ian Morris

    Please contact us on 01225430285 or by using the start your claim page of our website. It is likely that our Solicitors will be able to act for you in pursuit of compensation for the physical injuries and psychological trauma caused to you in the accident you describe.

    Reply

    Does your car insurance pay for whiplash for yourself and passengers? Or do you need a solicitor?

    Ian Morris

    The insurance of whichever vehicle was deemed to be the at fault party will be liable to compensate any injured persons.

    Reply

    I was passenger in my daughters car on my way home from work. We left the motorway via the slip road headed towards the roundabout where traffic lights regulate the traffic. The lights went green and my daughter was about to pull away, but we saw police lights and heard sirens from our right. She stopped to allow the police van come through safely and the car behind hit us doing approximately 40mph. My back hurt instantly across the middle but as I could walk and was likely in shock, I declined an ambulance. The pain became more severe and even lifting my right leg is difficult. I saw my chiropractor who referred me for X-rays which show a neck injury and that my spine, where I felt the instant pain, is crooked. My left shoulder is an inch higher now than my right shoulder when standing normally. My chiropractor says I am going to struggle to prove my spine curvature is from the accident. I know I was 100% not bent before and the pain is awful. I am 44 years old, he says my spine looks like somebody who has had a degenerative disease for 15 years, but as a previous patient he agrees I was not like this before, but without X-rays I have no proof. What can I do?

    Ian Morris

    Was your accident scene attended by the Police? Did you present to a GP or Hospital with any pain or injury symptoms? Essentially, if we can demonstrate that you were at the scene of the collision and have had some form of medical attention (chiropractor notes would suffice) that will provide a good level of evidence to support your claim.

    Reply

    Hi, 2 weeks ago I was jsut about to start slwoing down on the aprroach to the end of my street when a car came flying round the corner too fast and too wide and veered into the drivers corner side of my car, as a result of breaking harshly and my foot still being hard on the brake and my hands/arm taut on the steering wheel, due to bracing for the impact, I suspect that I have whiplash across my shuoldrs and but also i’m feeling it in my wrists. But i’m discovering now 2 weeks later that i’m feeling deep aches and pains in both my hips, do you think that this could be related and down the car being hit? and are you able to add injury’s to a claim that were mentioned at the time

    Ian Morris

    You should contact your insurers regarding the injury symptoms you have developed. It is quite common for soft tissue injuries such as those sustained in a car accident like the one you describe to not develop immediately, but to manifest in the days and weeks post incident as the muscle spasms become more obvious.

    Reply

    Hi,
    I was driving along a national speed limit road at about 50mph when a car pulled out in front of me from a junction causing me to emergency stop. I have subsequently had neck and back pain. The driver didn’t stop but I got their car reg. I also think there was a camera on that road so potentially some evidence. I’m not sure if there’s much I can do? Thanks

    Ian Morris

    If you can identify the vehicle and establish that they were definitely there (camera footage would likely be needed to establish this – or an independent witness), you could pursue a claim against the vehicle driver.

    Reply

    I was sat stationary at a roundabout in my car waiting to to turn right when a car ran into the back of me. I got out and the driver admitted liability. I asked the other driver to swap insurance details for the insurance purposes but he drove off. I got his registration number and phoned the police. I have a witness to the accident also. Today i have severe pain in my neck and back and my right thigh which was caused by this. I’m going to the hospital to get assesed to see if I’m ok. I’m unsure what to do next or if if I’m entitled to claim.

    Ian Morris

    We can certainly help you make a claim. You have done the right thing in phoning the police and as you also have a witness, you are in a strong position. In due course, it would be sensible to make contact with your GP to arrange to discuss your symptoms and have the injuries noted on your medical records as that will help our Solicitors in ensuring that any settlement you receive is appropriate and commensurate with the injuries you have sustained.

    Reply

    My car was parked up with a passenger in back, a van caught side of my car scratching it no dents present, passenger says she has whiplash???
    Van driver happy to pay for repairs without going through insurance which I’m happy to do but what about passenger can she pursue this?

    Ian Morris

    It would appear that the passenger in your car will struggle to succeed with a personal injury claim given the lack of sufficient damage to your car. Although a collision of sorts has occurred, the insurers of the van in question will point to what is called ‘low velocity impact’ (LVI) in which they may not contest that an incident has occurred, but will contest that the force of the collision was consistent with causing a personal injury.

    Reply

    Hi, I was on the bus with my daughter and the driver braked hard has a car came out in the way and when I got home I am getting neck pains I have the bus ticket can I claim

    Ian Morris

    Make sure that you report the injuries to the bus company and retain your ticket. Give the bus company as much information as you can regarding the incident with the other car causing the driver to have to brake to avoid a collision – list the date, time, bus route number and accident location.

    It would appear that the cause of the incident is the 3rd party vehicle that pulled out on the bus and as such, a claim would likely be against them. In this case, the bus company may have dashcam/CCTV footage that will provide the details of the offending vehicle for our Solicitors to use to pursue your claim.

    Reply

    Hello,
    I was involved in a car accident 8 weeks ago, initially I thought I was OK, but since then I am having a lot of neck, head and shoulder pain. I am being treated by a chiropractor weekly.
    I have not claimed yet, but thinking I ought to I asked my GP for a medical report.
    His diagnosis is “Muscular neck pain” no mention of whiplash, he does go on to say this is ongoing as I am still receiving treatment.
    Will this vague diagnosis be enough or should I try to see another doctor?
    Thank you

    Ian Morris

    The diagnosis you’ve had is absolutely fine in terms of a claim for personal injury compensation.

    Reply

    A car reversed out of his driveway while I was in the road. I was in a vehicle also reversing out but I was in the road about to drive forward while my neighbour was still in his driveway .he then reversed out quite fast to be honest and hit the back of my car with the back of his car he admitted it was his fault . Since then I have stiffness in my neck and lower back left side only is in pain. Very stuff when moving

    Ian Morris

    This is a claim we can help you to pursue on a No Win No Fee basis. We’ll need the accident date, location and registration numbers of the vehicles involved.

    Reply

    Driving a family car third party and someone has crashed into back of my car they are paying to get my car fixed not with their insurance company, but question is I have whiplash can I claim compensation separate with a solicitor?

    Ian Morris

    Yes, we can help you to pursue a claim for whiplash compensation on a No Win No Fee basis.

    We’ll need the 3rd party vehicle registration details along with the date and location of the accident.

    Reply

    Hi,I was a passenger in car accident a few days ago.The car i was in ran into the back of a stationary car.The driver and person in the back of our car were both fine,but I initially hurt my neck and right shoulder.That evening I developed pain all down my back ,both shoulders,pain and stiffness in my neck and a tingling sensation in my arms.The next day I went to my local A n E department as I was still in Los of pain.The doctor said it was a neck/shoulder sprain.I was wandering weather this still counts as whiplash and If I still had a valid claim?

    Ian Morris

    You can make a claim and we can help you to do so. The fact that your Doctor has diagnosed you with a soft tissue injury to the neck and shoulder as a result of the road traffic accident you were involved in as a passenger should enable you to make a claim with success.

    Reply

    Hi i was a back seat passenger behind the drivers seat in a hire car that was hired by my friend from Volkswagen Dealers and as my friend who hired the car was driving and stopped at The Red lights a car crashed into the drivers door and back door which made me violently go forward hitting my head on the back off the drivers seat headrest. Then straight after the impact 2 masked men jumped out of the car that crashed into us carrying Meat Cleavers and Machetes and started attacking the car trying to open the doors and violently swinging the weapons at the windows to break them. Then they managed to break the back windscreen just as my friend managed to drive away from them fearing for our lives. My friend contacted the police and they gave him a crime number and informed him they have the car registration plate number from cctv and also have witness statements. As a result I have suffered whiplash and also suffer from Anxiety and Panic attacks which started due to that horrific event. Can I claim compensation

    Ian Morris

    Our Solicitors can help you to claim compensation in this incident.

    Reply

    Could I claim a whiplash injury if I was the only one hitting a object due to ice and snow?

    Ian Morris

    If you lost control of a vehicle on snow and ice, it is unlikely that you would be able to establish negligence against the highways authorities and I do not foresee that you would succeed with such a claim.

    Reply

    Hi I was a passenger in a car accident where the other driver hit us head on after losing control in the snow, that driver was driving on a provisional licence alone. Would I still be able to claim for my lower back pain, neck and shoulder pain caused by this? I only reported pain in my leg at the scene of the injury but I was checked at A&E for this. The other pain has come on in the days following the accident.

    Ian Morris

    It is very common that soft tissue injuries as a result of trauma – like a road traffic accident do not present symptoms immediately, but instead develop in the hours and days post accident. As such, our specialist Solicitors will have no problem including your back/neck and shoulder pain within a claim for personal injury compensation.

    Reply

    If a driver has received a compensation settlement, is it guaranteed that passengers will also succeed with their claimst if they have all the right details?

    Ian Morris

    So long as the passengers can demonstrate that they were injured (medical evidence) and provide the details of the vehicles involved, date of accident and location, the passengers should also receive a compensation settlement.

    We can help passengers to make a claim for compensation after a road traffic accident on a No Win No Fee basis.

    Reply

    Hi i was sitting stationary in my car at a stop sign of the main road when a woman run in to the back of me causing alot of damage to my bumper,she took blame straight away and said sorry she wasn’t looking but i think she was on her phone as its impossible to see if the road is clear unless you stop at the road end where i was stopped, thinking i would be OK i went on about my day, a hour later i started getting abit tence at the back of my neck nothing big and a headache but thought i would be ok, later on i had to go to hospital for scans etc as my shoulder and left side of my neck was killing me and swollen and sore to touch that was around 7 hours after the accident, i have pulled muscles and nerves in my shoulder and neck as the doctor said but since it happened 4 days ago ive had ongoing headaches, pins and needles in my left arm and hand and coming home the next day from hospital my neck is far worse, very sore and stiff to thr point my child had to stay with family as i was unable to look after her, my doctors are aware off this as ive received more painkillers and naproxen tablets, i later found out that the women give me a false insurance name but she then contacted her insurance who want to settle by taking my car yo repair and £300 pound for my hassle as they put it on the phone, i made them aware thst i was in hospital and very sore as thry asked, but i don’t think my doctors have put me down for whiplash just pulled muscles and nerves, pins and needles and headaches etc. Her insurance has ring me 5 times from Saturday, what do i do, do i have a case?

    Ian Morris

    Don’t have any further direct dealings with the 3rd party insurers – you need specialist expert representation from one of our Solicitors. We can help you make a No Win No Fee claim and our specialist expert personal injury Solicitors will ensure that your legal rights are upheld and that your injuries and losses are properly accounted for, so that your claim is settled properly and for the appropriate value.

    Reply

    I was stationary in a car when the van I front of me decided to reverse , he reversed into the front of my car , cracked my front bumper , later the next day I woke up with stiffness in my neck and back it was quite painful, I went to the hospital doctor examined me and said I’ve got soft tissue damage , she said it’s gonna get worse before it gets better, gonna take upto six weeks to recover, the driver got out the car and apologised he said I didn’t see you there, we exchanged details at the scene I was just wondering am I able to claim whiplash, thank you .

    Ian Morris

    We can help you claim compensation for the pain and discomfort caused to you by the soft tissue injuries you have sustained in this recent incident. The way you describe the symptoms presenting 24 hours later and then worsening is typical of such injuries and as you correctly say, the common term for such injuries is ‘whiplash’.

    Our No Win No Fee service is here to help you pursue a claim independently from your car insurers with a dedicated specialist personal injury Solicitor.

    Reply

    Was hit on side passenger by car going through red light on sat lunch time was in sever shock but during night couldn’t sleep with pain went to A&E who confirmed with sever whiplash the driver took full responsibility have contacted insurance however symptoms didn’t start till that night can you give me advise on what my next steps should be and should I contact insurance to tell them

    Ian Morris

    You don’t have to use your insurers to make a claim for personal injury compensation as you can select your own preferred specialist and independent personal injury expert to run your claim on the same No Win No Fee basis. Whilst you would expect us to say this, we do receive a lot of contact from people looking for help after their own insurers legal provider made a mess of their personal injury claim.

    The fact that your symptoms developed in the 24 hours after the accident is common for such injuries. Due to the way muscle spasms develop and with the added impact of shock and adrenaline, the majority of people with soft tissue injuries caused in a road traffic accident will notice them develop in the 24-48 hours post accident.

    We have specialist Solicitors who can help you claim compensation for the pain and discomfort of your injuries, recover any other associated costs and also recover any loss of income if you are unable to work. Please call us on 01225430285 or you can easily start your claim for compensation on our website if you prefer.

    Reply

    Would my insurance still cover me if I was to drive while having whiplash?

    Ian Morris

    Unless a Doctor has expressly told you otherwise, you are free to drive with an injury. Injuries such as whiplash, whilst painful do not generally prevent you from driving. Of course, if you are unable to drive safely, you should not do so, but essentially, yes, you can continue to drive – even with whiplash.

    Reply

    I was involved in a car incident. The 3rd party declared that it was their fault as they went into the back of me and they hadn’t paid attention to the road.

    I started having pain and stuffiness in my neck and I was aching, so I rang 111 and they advised me that to contact my GP, so I contacted them and they confirmed that I had whiplash. The GP has given me painkillers and some gel for my neck & my back. I still have stiffness in my neck and back pains.

    Can I claim whiplash for suffering and the pain it caused?

    Ian Morris

    Yes, you certainly can make a claim and appear to have a valid and strong clam for compensation. As the 3rd party driver collided with the rear of your car, they are liable for any damage to the vehicle and for any injuries you have sustained.

    Reply

    Hi,

    I was recently involved in a low speed, collision at a roundabout where I had been rear ended. Naively, I took no details from the person who hit me and now have confirmed whiplash. Do I have a case?

    Ian Morris

    To make a claim, you will need to be able to identify the 3rd party vehicle (registration number). If you have that, you can make a claim. As you appear to have not taken the details, it is unlikely that you can now make a claim. The 3rd party hasn’t fled the scene as you have opted against taking their details, therefore this would probably not be a claim you could pursue via the Motor Insurers Bureau scheme for untraced drivers.

    Reply

    Hi
    I had a minor car accident a week ago.
    I am now suffering with whiplash and in pain. However I thought I was being nice and didn’t go through insurance which was very silly I realise now. Is there any way I can claim?
    Thank you

    Ian Morris

    As long as you have the vehicle registration for your car and that of the liable 3rd party, our specialist Solicitors can make a No Win No Fee claim for the physical injuries that you have sustained and any associated costs or losses you may incur. If you have evidence of damage to your car (photographs of the dents/scratches), that will also provide helpful evidence to support your claim.

    Reply

    Hi

    I already have lower back pain due to miscarriage, my GP sent me to gynacologist for internal scan which was clear. I had whiplash after few weeks, that effect my lower, middle back and neck. As I already had lower back issue can i still make claim.

    Ian Morris

    Yes, you can claim for the whiplash injuries and also for the way that the whiplash would have worsened your lower back pain or made the symptoms last longer. Our specialist Solicitors would ensure that you were seen by an appropriate medical expert to review both the pre-existing back pain and the ‘new’ injuries in order that a detailed report could be obtained to support your claim.

    Reply

    Hi there. Yesterday, I was driving on a main road at 45 mph , I was just about to pass by a T junction when the car sitting on it decided to pull out, crashing against my passenger´s side. I ended up at the other side of the road, and I was lucky that the oncoming vehicles reacted quickly avoiding crashing against mine. I did not feel any pain until this morning and after explaining my symptoms to the doctor over the phone, he scheduled an appointment for tomorrow morning and explained that it sounds like a case of whiplash.
    Now, my profession is purely physical and since I’m self-employed I won’t have income cover for the days that I’m off work due to an injury, which was caused in an accident that was admittedly the other driver’s fault.
    I am hoping for this pain to go away asap, but even then I’d be confronted with the fact that I don’t have a vehicle to go to work (which is essential) and won’t have any until it gets repaired, which judging by the look of it, it could take quite a while. His insurance company will be charged to repair or replace my vehicle when the time comes, but I will still miss my income the days I miss work.
    I’m not too sure on how to proceed, I’m hoping to get some word of advice here.

    Thank you

    Ian Morris

    Our Solicitors can work for you on a No Win No Fee basis to recover compensation for the physical injuries and pain caused to you and also recover any loss of income and other incurred costs caused by the negligent actions of the 3rd party driver.

    Please call us on 01225430285 to get further help and start your claim. Alternatively, you can get things moving online via our ‘start a claim‘ service if you prefer.

    Reply

    I was driving into work when a car that was being chased by the police hit me twice from behind and on the side at approximately 50mph I suffered a neck injury which is still painful after 6 months the car was not insured, do I have a claim?

    Ian Morris

    If the vehicle that collided with you was uninsured or untraced, you could pursue a claim via the MIB scheme – something our Solicitors can help you with on a No Win No Fee basis.

    Unfortunately, you cannot make any claim against the Police as they were acting legitimately in their attempts to aprehend the driver of the vehicle that caused you to sustain injuries.

    If you would like to find out more about a potential claim and see whether we can help, please use our start a claim service to take this further.

    Reply

    I was travelling along the road in a 20mph zone when the three cats in front of me all braked hard and stopped. I did the same but the car behind me didn’t manage to stop in time and shunted me from behind.
    I have had headaches, neck ache back ache and shoulder pains since. This was nearly 3 weeks ago.
    I phoned the doctors surgery who arranged an appointment with the physiotherapist who has given me some exercises to do and has confirmed it is whiplash.
    Do I have a case to claim compensation?

    Ian Morris

    You do have a right to claim compensation for the injuries you have sustained and for whiplash compensation. We can help you with claiming compensation.

    Reply

    What is your fee if I put in a claim. I was hit by a car from behind that had rolled down the bank and as I was waiting to get out of the junction it has rolled down quite a way and hit me from behind with some force. I’m now in pain in my neck top of shoulders and down right arm. Going to get an appointment with the doctor tomorrow

    Ian Morris

    Our No Win No Fee service guarantees that you’ll never pay any costs should your claim fail. However, if you do succeed with a claim, you will face a deduction from any agreed settlement – this is your contribution to the costs of the claim, with the balance of the cost paid by the 3rd party. The deduction is capped at a maximum of 25% of the total awarded damages.

    We can certainly help you proceed with your claim and have specialist expert Solicitors who can ensure that your claim is handled professionally and help you get the compensation you deserve. Please call us on 01225430285 for further help. Alternatively, you can ask us to call you if you prefer.

    Reply

    I have extreme whiplash due to a car crash, no other vehicles involved and car skidded on water into a crash barrier. No personal injury cover on my insurance and they’ve declined my claim.

    I was on the motorway driving at 70mph where I hit a puddle (a known area of the motorway that gathers a considerable amount of water due to lack of drains – people have died there). The car skidded out of control and went into the crash barrier at 70mph. Police and paramedics arrived to make sure no bones were broken. The next day I am in agony and can’t move my neck or arms, I visit my GP who sends me for an X-ray on my neck and back to ensure nothing is broken. I have extreme whip lash and concussion. My car is a write off so I am getting compensated for that, I tried to claim whiplash but my insurance didn’t have personal injury cover. The value of my car is almost half of what I was going to sell it for next month. A huge reduction. Any advice?

    Ian Morris

    As no other vehicle was involved, the only way you could avoid being held as the ‘liable’ party would be to prove that the authorities had allowed the road to be unduly hazardous when wet. You would have to demonstrate that that they were aware of the number (and severity) of road traffic accidents at the site in question and had failed to do anything about it.

    If reports had been made of drainage issues and no action was taken, it may be possible to demonstrate that the liable party were the highways authority.

    Reply

    Hi I was involved in a car accident in on 6th November 2019. I was on a duel carriage way travelling at around 60 mph when I had to brake for slowing traffic in front of me, the next thing I knew I was hit hard from behind and shunted forward then almost immediately I was struck again. Once I was out of my car I realised i had been hit from behind by a small van and then a VW golf had hit the van and shunted the van into my car again. I was a little shook up and the police were called at which point they established the van driver and golf driver had been travelling to close and therefore the accident was their fault. The following day I felt a little stiff but thought things would settle, however things got worse and I ended up with pins and needles in my fingers on my left hand and my left shoulder was sore. I spoke to my GP who said I had whiplash and sent me for X-rays. I was also sent to a physiotherapist and had a few sessions with him. This was ongoing until they had to stop treatment but told me to continue the exercises they had given me. Would I qualify for a claim or have I left it to late ?

    Ian Morris

    You have not left it too late and we can certainly help you make a claim for the injuries you have sustained as well as any incurred costs or lost income caused by the accident.

    You have 3 years from the date of the accident in which you can make a claim, so plenty of time remains available. However, we would recommend that you contact us as soon as possible so that we can get this matter started for you and have our Solicitors work on your claim.

    Reply

    I injured myself accidentally in the house and have delayed concussion and whiplash. The whiplash is impacting my daily life and not subsiding so far. I am due to return to work after being off due to lock down. I don’t know that I can return with these medical issues. How do I claim for loss of earning if I can’t work. Who would I be claiming from in this circumstance as the accident happened at my in-laws home.

    Thanks

    Ian Morris

    Any claim would be made against whichever parties negligence caused your injuries. You mention being at the home of your in-laws, but how were you injured? What were you doing and what happened? In order to be able to advise further as to whether a claim for personal injury compensation is viable, we need to know more about the actual accident and injuries. We could then advise as to whom the claim would be against.

    Reply

    My car lost power whilst driving on a roundabout causing me to mount the roundabout and spin out. Earlier that day, my car went through a service and the garage recommended a new battery which was booked in for the following week. I wasn’t made aware that the car could have been dangerous to drive in any way but when breakdown recovery arrived, they jump started my car and stated that the battery had died causing all power steering and electrics to shut down. This was yesterday and the pain in my neck and shoulder blades is getting worse. I’m requesting a gp appointment on Monday but I wanted to know if this would he a viable claim.

    Ian Morris

    There is a potential claim, but whether or not it would be possible to pursue this matter is not as yet clear. Once you have seen your GP, please email some further information to me about the garage, what happened and what your GP has said and we will then get our specialist Solicitors to discuss this and consider whether or not we can pursue this for you.

    Reply

    I was driving a wagon when a car came round a blind bend overtaking another vehicle and on my side of the road,I had to brake suddenly to avoid ahead on collision,I have sustained neck and shoulder pain visited a&e.i was told it is likely whiplash do I have a claim.

    Ian Morris

    If you have the details of the 3rd party that caused you to have to brake so hard that you sustained injury, we can pursue against them and their insurers. If you do not have those details, we could still help – if you reported the incident to the Police – by way of making a claim via the Motor Insurers Bureau scheme for the victims of untraced drivers as if the 3rd party fled the scene without stopping, it may be possible to pursue the claim on the same basis as if the injuries were caused in a hit and run incident.

    Please call us on 01225430285 for further help with this.

    Reply

    I was the passenger in my partner’s car and we had come round a Bend stopped and indicated to turn right, whilst waiting for a police van to go past the turning i was waiting to go into. Someone smashed straight into the back of our car. Our car was a write off. The police witnessed it. Since I have had headaches and pain in my back and neck. Is this enough for a claim?

    Ian Morris

    You can absolutely make a claim for compensation for the neck & back injuries you sustained as a passenger in the car accident. Our initial view is that you should have no problems in obtaining compensation for the injuries you describe which would appear to be typical with whiplash – an injury commonly associated with road traffic accident.

    As we are able to operate remotely, we remain available to help you to start your claim, despite the current restrictions. We look forward to hearing from you.

    Reply

    I was stationary at a round about when a car crashed into the back of me. The impact shunted my car forward quite dramatically and I’m now experiencing stiffness of the neck and shoulders. Should I claim for this and if so, how?

    Ian Morris

    You absolutely have a right to make a claim for personal injury compensation for the soft tissue injuries you describe. The common term to describe the injuries you have sustained is ‘whiplash’. Our specialist Solicitors are able to pursue such claims on a No Win No Fee basis.

    To start your claim, we’ll need to take some initial basic information about you, the accident, the injuries and the details of the vehicles involved so that we can then present your claim to our Solicitors. If you have not yet seen your GP, we would recommend that you make an appointment so that your injuries can be noted – this is important should the symptoms persist and prove to be more severe than you may hope.

    Reply

    I was a passenger on bus October 2019.A car pulled out off a sidestreet and hit the bus,there was just slightest shunt.3 days later went to Gp with pain in neck and shoulders.She prescibed painkillers and gel.A week after still had the discomfort and Gp sent me to A +E consultant said it was due to whiplash.I have been onto bus company and they have told me 3rd party admitted liability.I have been for a medical report in November and submitted to insurance company.Why would this take so long?Or is there something else i should do?

    Ian Morris

    Are you representing yourself in this claim or do you have a Solicitor? If you have a Solicitor, they will ensure that the medical evidence is properly considered when settling your claim and will ensure that appropriate timescales are adhered to in making your claim.

    If you don’t have a Solicitor acting for you, you could still make such an instruction. The timescales you mention are on the longer side of expectations and the outcome of the medical report consideration by the insurers should be chased. Our article on bus accident claims might also be of interest.

    Reply

    Hi I was driving through country roads , and a tree fell in the road I got my brakes on just in time for the tree to only fall on my bonnet , but I believe I have suffered some sort of injury to my lower back a neck as I have woken up the next day in a lot of pain could this be from the force of the emergency stop …

    Ian Morris

    If the tree that fell on to your vehicle was blown down in the recent storm, you would not be able to make a claim for personal injury compensation. Whilst unfortunate, in such circumstances, the tree falling is not an act of negligence but simply due to a severe and unpredictable weather phenomenon.

    Reply

    Hi – I wonder if I am too late to make a claim for my whiplash injury?

    I was involved in an incident in January 2018 whereby I was waiting at an extremely busy roundabout when I was shunted from behind by a large delivery truck. At the time I felt a bit shaken from the shock (as obviously it came out of the blue)m but the driver instantly came out of his truck to apologise and suggested we should park up near to where the accident took when he could give me his details, who he worked for etc, if I wanted to make a claim.

    Looking at my rear bumper there appeared such minimal damage, if it was my own car, I would probably have told him everything is ok and not to worry. But as it was a company car I was driving I had no option but to take his details as I would have been charged for at least some of any minimal repair bill. The damage itself actually came to over £1,000 – but this is not my issue. When I got back to the office where I worked I genuinely felt ok. In fact when someone suggested ‘I bet you’re going to make a claim for whiplash’ I just replied I wasn’t, I was ok….

    About three weeks later I suddenly felt a stiffening of my neck on the left hand side. I put it down to perhaps sleeping funnily, but this was like towards the end of my day at work when it happened. I though it may have been something to do with the accident, but then thought ‘nope’ probably not. which then soon went from probably not to ‘hopefully’ not in my mind.

    Anyway, long story short, between that time and now (which obviously now is bordering on two years) my instances of ‘cricked’ neck have become increasingly more frequent, increasingly more painful, and increasingly longer in duration. So much so, a bout I had less than two weeks ago has returned with what feels like more pain than ever before. I’ve actually tried to sleep with my forehead buried in my pillow to get some relief (and least quality sleep), because whichever way i try to lie – to the left or to the right, on a pillow or without one, the pain persists to one degree or another. sometimes enough to make me give an involuntary
    ‘yelp out’….

    I’m not sure how I stand here, not least because this was such a long time ago, but if i could still get some compensation – even if this is purely for medical treatment – I would be more than happy to take it right now.

    I’m seeing my doctor at 2.00 today, supposedly to talk about a slight knee problem I am having, but this pales into complete insignificance right now. my neck is just so painful…Obvious I will mention this to her, but to be honest, this will be the first time I will have spoken to a doctor about my neck problem. I struggle to even mention it to my wife or children for the ‘what did we tell you’ response…..

    If nothing else, thanks for reading this. I’m glad Ive wrote about it if nothing else….

    Ian Morris

    If you did not seek medical attention within a few weeks of the incident, the reality is that you will be unlikely to make a claim now. This is because the 3rd party insurers will simply ask for evidence that their insured caused the injury and without medical evidence to prove that you attended the GP within a few weeks of the incident and discussed the rta and your neck issue, you cannot provide any evidence.

    Reply

    Hi.
    Was involved in a accident this morning, when I was stationary by a red traffic light and suddenly got a jolted by the car behind me.
    It transpired that the car behind me (Car 2) was also stationary and that the car behind him (Car 3) had collided into him thereby causing car 2 to ram into the rear of my car.
    Besides a few scratches, damage to my car is minimal, however I was jolted and have now got pain in my neck and upper back.
    I contacted Car 3 insurance and told them of the incident, upon which the “advised” that I need to contact my Insurance company to deal with the claim for my injuries.
    I told them, that I had no intention in letting my Insurers handle the claim as they are no reasons for them to get involved.
    Question: Is my potential claim against the Insurance company for Car 3 or Car 2? How can ensure that 3rd party insurers deal with me direct rather then via my Insurers?

    Ian Morris

    In cases such as the one you describe, it is most likely that car 3 (as you describe) is the liable party in full and is responsible for the losses and potential injuries of both yourself and car 2.

    If you have already attempted to pursue a claim against car 3’s insurers directly and been rebuffed, you can – if you are determined to represent yourself rather than instruct a specialist personal injury Solicitor to act for you – contact car 3 insurers and ask for their claims department and submit your own claim to them for the injuries you have sustained. Whilst you have the right to pursue your claim directly, you should consider whether you are able to represent yourself adequately or whether it may be prudent to make an instruction to a specialist personal injury Solicitor to act on your behalf to ensure that your interest and rights are upheld. Should you opt to instruct a Solicitor (such as those with whom we work), you would be able to do so on a No Win No Fee basis, thus not risking any financial implication should your claim fail.

    An important item for consideration in the scenario you describe relates to the apparent low velocity impact (LVI) in this incident. In your case, establishing liability for the accident against car 3 should not be a problem. However, the 3rd party insurers are almost certain to argue that whilst the collision occurred, the speed of the collision and the amount of damage to your vehicle indicates that your injuries are not consistent with the mechanical forces of the collision. As such, they will likely reject that your injuries were caused by their driver. With this in mind, having a specialist Solicitor act for you, ensuring that appropriate medical evidence is obtained to demonstrate that you have sustained soft tissue injuries as a result of the collision may well be the most sensible course of action.

    Reply

    Had a crash, insurance cant say who’s to blame, sustained whiplash, can I claim against my insurance if its settled as 50/50 between both of us?

    Ian Morris

    If the claim is settled on a split liability basis of 50/50, you should still be able to make a claim for compensation but your settlement will be 50% of the total it would otherwise have been.

    Reply

    I was driving home from work and whilst straightening up after turning right on a roundabout on the nearside lane a jeep to my right started cutting me up in order to get into my lane. He was so close that I couldn’t see the window of the passenger door and in order to avoid him colliding with me I swerved to my left, hit a high kerb with a loud bang, jolted back into my lane, stopped my car, put on my hazard lights on, pressed my horn and managed to memorise then copy the registration number down in my diary. I got home and was in a stressed state. I called the local non urgent Police number. The officer was able to tell me that the vehicle (Jeep Compass) was a hire car and that he was sending paperwork for me to write a report as hitting the kerb had damaged the alloy wheel and scraped the bumper and it was classed as a road traffic accident. Over the next few days I developed excruciating pain in my shoulder which radiated to my neck. On Wednesday 25th Sept. I retired from work, had awful pain and at the end of the day attended an urgent appointment. I was diagnosed with whiplash and told to take painkillers and that’s where I am today, still trying to find out how to sleep through the night – keep waking up at 03:00/03:30 every morning in great pain (across shoulders and neck) and sitting up in a chair till about 07:00. I have completed a police report explaining exactly what happened but I feel that the offending driver can deny everything and as I have no video/witnesses then there is little I can do. Apparently the police have contacted the company which hired the vehicle. It is my word against this driver, he caused me to swerve and I end up with all this pain. Any advice would be appreciated. By the way I have heard the word whiplash mentioned many times but never in a million years did I imagine how much dreadful pain was involved.

    Ian Morris

    You are right in what you say regarding whiplash. For many people it is seen as a ‘joke’ and disregarded as being a made up injury. However, those of us who work with claimants pursuing claims for whiplash compensation (and for people like me who have suffered the injury personally), we understand just how debilitating the worst of the symptoms can be.

    You have done the right thing in terms of reporting the details of the incident to the Police. However, as you point out, whilst you are clearly the ‘innocent’ party in this incident, without any corroborating evidence or witness information it is very easy for the negligent driver to deny any knowledge of the incident. With this in mind, it could make it difficult to succeed with a claim for compensation.

    We would be happy to speak with you to obtain further details from you regarding the incident, the Police Reference number and the vehicles involved so that we could pass the details to our specialist whiplash injury compensation Solicitors. They would then be able to make initial enquiries with the alleged defendant and see if anything positive could be achieved for you. If you would like to take that further, please email me directly and we’ll obtain the information needed from you (ian@direct2compensation.co.uk).

    Reply

    I was involved in an accident in a car park on 22.12.2018. I was stationary on the left hand side of the road. Third party driver reversed out and hit my driver side door and driver side passenger door. It caused a big dent in my driver side door and small dent in the driver side passenger door. The Vehicle Engineer’s report stated both doors needed replacing and the damage was worth £2300 pounds approx. I have been paid for the damage and had repaired. I suffered from Neck and Lower Back injuries and went to the GP 07.01.2019. GP confirmed I have whiplash injuries and advised to take painkillers. I was sent to a medical examiner by my solicitor on 26.02.2019. The medical examiner said my neck and lower back injuries were there but I was normal from 80-89%. The defendant has rejected my injuries and says her car ‘nudged’ mine. She was only travelling at 4-5mph in her defence. They have requested to see my medical records. I was involved in a fault accident 7months prior to this one and was hit on the driver side door and passenger door but I was at fault. I self medicated. Please can you advise?

    Ian Morris

    In cases of low speed vehicle collisions (known as low velocity impact or LVI), defendant insurers will seek to fight any claim for personal injury compensation.

    Clearly in your case, liability is not in dispute for the accident itself so the issue is proving causation – that the incident on 22nd December 2018 was responsible for your neck and lower back pain as diagnosed by your GP 10 days or so later. Your Solicitor will therefore seek to use the medical evidence that they have – your medical records and the medical examiners report to force the defendant to agree to compensate you for your injuries.

    As you were in a previous collision in the year before the incident, that could be taken in to account but as you did not attend your GP for treatment, there is unlikely to be too much difficulty for your Solicitor in confirming that the injuries you presented to your GP with on 7th Jan were ‘new’ and not caused by the previous collision.

    Paul

    Thanks for the advice. Will the Damage to my car also have bearing on my injuries? Both doors needed replacing and the vehicle examiner classed the damage as moderate. Also before the vehicle was assessed I obtained an estimate from the dealer for the damages and they also confirmed that both doors needed replacing. With regards to the 3rd party claiming LVI – surely the damage to my vehicle cannot be minimal. I have provided details of my previous at fault accident as well to my solicitors. I have also had history of very low vitamin D and Rickets when I was younger.

    Ian Morris

    The severity of the damage to your vehicle could be relevant in proving that you were indeed injured. Clearly, if a vehicle is ‘badly’ damaged, it is easier for a Solicitor to demonstrate that a claimant has been injured in the collision.

    Reply

    I had a car accident the other day. I was fine straight afterwards, but later that day I was in pain. The following morning the pain was a lot worse (right shoulder, arm, neck, back and chest pains), so I went to a&e where I had x-rays etc. I was told that nothing was broken, just badly inflamed muscles and tendons and I was prescribed strong co-codamol (30 x 500mg) and given a copy of the prescription from a&e is that enough evidence for a claim?

    Ian Morris

    The evidence that you mention from A&E would certainly support your claim with regards to demonstrating that your injuries are confirmed and diagnosed professionally.

    The evidence you need to provide to start the claim is the identity of the offending driver who was liable for the accident. With this in mind, we would simply need the vehicle registration for both parties and your personal information to start your claim for compensation.

    Reply

    I had compensation for whiplash in 2012. Still have pain, loss of movement, and paralysis of arm, shoulder and neck and pain, my neck and shoulder hurt all the time. Just found out I have degenerative disc disease and spondylosis is there anything I can do as it all started after that car accident

    Ian Morris

    As you have already made and settled your claim for the injuries sustained in 2012, there is nothing you can do in terms of revisiting that claim or pursuing a claim for further damage.

    The defendant insurers who settled your previous claim would refuse to further compensate you as you would have settled the matter on a full and final basis. I assume that you were represented by a specialist Solicitor and that your injury damages were calculated on the basis of a specialist medical report?

    Reply

    I was in an accident this Tuesday morning, 20 August. I was hit by a taxi at the back of my car. Impact was so hard, my car was pushed to the other side of the road to on coming traffic. With the grace of God the other car stopped in time avoiding hitting me too. Later that day i started feeling discomfort on my right shoulder and neck. And today the pain in my neck is worse and my back too. I keep taking painkillers to numb the pain. So now I suspect whiplash from the accident. So my question is.. do I qualify for a claim?

    Ian Morris

    Thank you for your comment. Yes, if you were hit from behind in a road traffic collision, you would be entitled to claim compensation for any injury or loss caused by the negligence of the 3rd party driver who caused the accident.

    If you would like to pursue your claim with us, please call us on 01225430285.

    Reply

    i got in a car crash four months ago that wasn’t my fault and claimed whiplash and now have just got into another also not my fault can i still claim and will it affect it ?

    Ian Morris

    Yes, you can make a claim for the 2nd incident as well as the first claim and it will not impact on the first claim. Your 2nd claim will enable you to claim for the exacerbation of the previously sustained whiplash injury and also for any newly caused injury or loss.

    Reply

    Hi Ian, if my vehicle was not actually hit (except with a piece of metal no larger than 1 lbs) but used rapid turning/braking to avoid an accident, do I still have a claim for whiplash, and/or previously asymptomatic spinal stenosis, which was aggravated by the incident?

    Ian Morris

    You can make a claim against whoever was responsible for the item that caused you to take evasive action. To pursue this, you’ll need to be able to identify the proposed defendant and have evidence to support your claim such as having made a police report or having reported the piece of metal to whichever company had responsibility for it. I assume it fell from a vehicle or building as you drove?

    Reply

    I was stopped at a red light, a truck came up behind me and did not stop going about 40MPH, and struck my car. I struck the car in front of me. I had by seat belt on which made me go forward and twist so the right side of my head hit the steering wheel, then I came back and my head hit the head rest of the seat. After my dizzy spell was over I actually got out of the car and being pretty angry yelled at the man “Are you drunk?” And he said “yes”. The police arrived and I told them all of this. They took me to the hospital because of dizziness and headaches, did ct scan and X-ray of back but no mention of whiplash and was discharged. I woke up today couldn’t even raise my head, my shoulders and neck were in extreme pain, went to my GP and she said it was Whiplash and put it on my diagnosis sheet. Do I have a reason? Even though the emergency room didn’t diagnose it? Thank you.

    Ian Morris

    It is not uncommon for soft tissue injuries such as whiplash to not be immediately present or noticed by someone who has sustained such an injury. Typically, the symptoms from injuries such as whiplash will develop within 12-72 hours post accident. In this case, as your GP as now noted the whiplash symptoms on your records, you can add that injury to any claim you go on to pursue as a result of the road traffic incident you have mentioned.

    Reply

    Hello. The car I was driving was involved in a low speed collision at a crossroads in January 2017, when a car entering the junction from my left failed to give way to my priority. Instead of stopping, it apparently maintained a speed of around 30-35mph, which resulted in the front of my car impacting the offside rear wing of their car, at a speed of 15-18mph. I later suffered neck pain which I attributed to whiplash resulting from my car not only being halted in the collision, but also jolted hard to the right. As the pain was significant, I was advised by my insurers to submit a claim for compensation, which has been ongoing since April 2017. In January 2018, my solicitors engaged the services of an orthopaedic consultant who examined me and requested an MRI scan to assist his diagnosis, however this was not carried out until May this year. As a result of the MRI scan, he has now formally reported that my post-accident neck pain was due to a sprain in my neck, from which I will have recovered within 12 months, but that the MRI scan has identified that my ongoing symptoms are “due to a sprain of a constitutional pre-existing degenerative osteoarthritic cervical spine, and not the accident”. Should I challenge this opinion? Many thanks.

    Stuart

    How do you counter measure the wild claims made by some Orthopeadic/Nuero experts, “that the accident aggravated pre existing degenerative changes of the cervical spine”. This is quite clearly an Insurance Company “get out” excuse that “joint single expert”doctors will re-inforce for a fee. No doctor can tell you what part of your cervical spine has been damaged, reason being an MRI cannot show microscopic damage to the Facet joints within the vertabrae. They are guessing, period!. Every single human being on this planet has degeneration of the cervical spine (neck). It is a fact of life. You had this disease at the time of the accident but caused no problems but now afterwards you are suffering and make no mistake the condition can become chronic lasting many many years.
    I have been rear ended four times over 20 years so I am writing from experience. What I really dont understand is that my last accident trapped a nerve in my neck at C8-T1, (confirmed by MRI) but according to the Joint single expert it’s down to degeneration! These experts who make these ridiculous claims should be reported to the GMC!
    although my Hospital Nuero Surgeons say otherwise. I rest my case.

    Ian Morris

    The frustration you have regarding disagreement on the contents of a medical experts report in to an injury suffered in a non-fault accident and to what extent an expert may attribute symptoms to an accident or to degeneration is understandable.

    The problem is that nobody can look in to the future or know what the future holds. Therefore, it is not possible to say with certainty that the symptoms of pain or discomfort that are noticed after an accident would not have developed naturally in years to come.

    The vast majority of medical expert reports confirm that the injuries and symptoms that they have been asked to assess were fully caused by the accident that forms the basis of the claim for compensation and most claimants are happy with the outcome. However, for those claimants who are left disappointed with the contents of a medical report, their frustration (and that of their specialist Solicitor) is understandable.

    Stuart

    Hi Ian
    Thank you for your very informative response. Over the years I have dealt with “experts” whose very expensive reports would make fine comedy scripts with one joker even advising on vehicle crumple zones!! Very much against the rules of expert evidence. What the main problem with expert reports is that due to the mechanics and nature of neck injury most of the injury cannot be seen, so look at medical history of client, consider age, well yes, cervical spine degeneration, broad blanket covers all. The majority of these experts I have dealt with clearly do not understand the huge forces involved with rear end shunts. Many hundreds of people have been denied the proper level of compensation due to negligent medical reports that the lay man cannot reasonably challenge. I challenge my experts through CPR 35 .4 questions which most lay people are unaware of.
    A fantastic and very informative site Ian, well done and keep your good work.

    Ian Morris

    Thank you for your kind comments. We appreciate that the system is not perfect and that many of the cards are held by the well funded and powerful insurance lobby – which makes succeeding with a claim for personal injury compensation far from easy.

    With this in mind, it is why we have tried to make our service and our website a strong and accurate resource for prospective claimants in order that people looking to pursue a claim for personal injury compensation can do so understanding their rights, knowing what they should expect and what they can do to give their claim the very best prospect of success.

    Ian Morris

    The problem in challenging the conclusion about a pre-existing injury or condition is how do you do so? How can you argue with medical opinion?

    Ian Morris

    For many people making a claim for personal injury compensation, an element of age related or degenerative conditions will be noted within a medical experts report. This is particularly common amongst those who are making claims for injuries relating to the spine, neck and joints. Of course, it is disappointing to receive such a report as it may appear that it will let a defendant insurer ‘off the hook’ a little in terms of the level of damages that they will have to finance in settlement of a claim.

    In your case, it would seem that the medical expert is of the view that your symptoms will persist for 12 months but that the ongoing issues that you are having relate to pre-existing degenerative problems within the area of the injury. You should discuss with your Solicitor as to whether or not there is any realistic possibility of being able to challenge the opinion of the expert. Whilst you could seek a 2nd report from a different expert, this is a risky option. Firstly, you would likely have to pay the cost of the 2nd medical (as you wouldn’t be able to recover the cost of a 2nd medical whereas you can with the first one) and secondly, another expert may well reach the same conclusion as the first expert, in which case you would be out of pocket with no benefit.

    Reply

    A few days ago i was driving behind a delivery truck, the driver missed his turn so stopped suddenly and put it in reverse so I stopped but before i had chance to start reversing he’d backed straight into me. He admitted to being at fault at the scene, we exchanged details and left it at that. However, today my shoulders and neck have stiffened up and become quite painful. Would I have a valid claim?

    Ian Morris

    You would absolutely be able to make a claim for the developing ‘whiplash’ related symptoms you are noticing. Injuries such as whiplash which are of a soft tissue nature are commonly not immediately obvious. Certainly with people suffering whiplash type symptoms after a car accident, it is not uncommon for the injuries to start to develop after 48-72 hours post accident. If you have not already done so, you should report the incident to your own car insurance provider so that they can resolve the claim for any damage to your vehicle.

    You should attend Hospital or a GP surgery regarding your symptoms and explain to them how they were caused. Once this is done, you should contact us so that we can get your claim up and running with our specialist Solicitors.

    Reply

    Hi I was a passenger in an uber taxi we was at traffic lights and a car hit us hard. I suffered trapezius muscle injury from which I had to go to the doctors for, they prescribed me painkillers and stomach tablets. Can I claim?

    Ian Morris

    Yes, you can certainly claim compensation in this matter and we would be happy to help you make your claim. Do you have records of the vehicles involved or the Uber in which you were travelling?

    Reply

    Hi I went into the back of a car that had stopped suddenly at traffic lights.
    I have a few injuries also my son and girlfriend who were both in the back seat have pain in their necks.
    Can we claim? Or because I went into the back of a car it’s my fault?

    Ian Morris

    Unfortunately, you cannot claim as you would be the liable party in this accident. Whilst the car ahead of you may have stopped suddenly, the highway code placed an obligation on the following driver to have allowed ample space to avoid any collision. Therefore, you have no party against which to place liability and pursue a claim for compensation.

    Your Son and his Girlfriend however can pursue a claim for their injuries. Whilst their claim would be made against your car insurance cover, it would not have any greater impact on your insurance renewal as a claim will no doubt be made by the other vehicle driver for any damage to their car and potential injuries.

    We would be happy to assist your Son and his Girlfriend with No Win No Fee claims for compensation as a result of their injuries sustained in this car accident.

    Reply

    I’ve been in a car accident on the 28 june 2019, at about 02:00 we were on the way home and i was a passenger, my friend was driving I told him I’m going to close my eyes for a couple minutes. I was woken up by a big bang and when I opened my eyes we were standing still in front of a big tree, my head went through the windscreen and flipped back into seat with a severe headache and my neck starting to pull stiff. I’ve asked him what happened and he said someone thru stones at the car and he lost control and went into a curb n that big tree. I was booked off work by my doctor for 2 weeks and I’m still in pain, I can’t sleep at night and getting up in the mornings gets worse by the day, I get dizzy when I lift myself out of bed. I was in work today after two weeks and my boss send me back home cause he could see I was still in pain and I must go see the doctor again tomorrow for this discomfort, which I know he’s going to book me off again and I’m the breadwinner of my family. To whom this may concern, can you please help!

    Ian Morris

    As the passenger in this car accident, you are able to make a claim for compensation for the injuries sustained. The fault for this accident would appear to be that of the driver of the car and as such, any claim you were to make would be against the insurance policy of the driver.

    Reply

    I had an accident in December 2018, when I was with my wife and my son. A van hit my can from behind. I took a picture of the cars and his face and then afterwards, I called my insurance to pursue a claim.

    The insurers called me after 3 months and said they denied the accident – even though I had sent the evidence!

    After 6 months the insurers accepted the accident had happened but they would not accept the whiplash claim. My Solicitor sent me to a Doctor for a report and then recently sent the offer to the insurers. However, the way he was talking wasn’t very confident about whether they would accept the claim.

    Now I don’t know what to do! My solicitor said because they got the garage report and it was only a small dent and only cost £800 to fix, that it shows it was a low velocity impact and that they can refuse the claim?

    Ian Morris

    In cases where there is a ‘low velocity impact’ (LVI), an insurer may refuse to accept that an injury has occurred our could have been caused and will therefore refuse to settle a claim.

    Reply

    I was involved in an accident yesterday which wasn’t my fault but insurance is saying it will probably go to a knock for knock unless I try and fight it, I have proof of her admitting fault and also a witness to say she seen the car speeding a minute before it hit me, I have whiplash and tissue damage and was wondering if I could still claim if it will go for a knock for knock and if I don’t go through insurance?

    Ian Morris

    It would seem that you have some good evidence to support your claim in this matter. Given that, you should immediately make sure that your insurers are aware of this and make sure that they have copies of the evidence.

    Reply

    Me, and my family were hit recently whilst parked in a lay by outside my child’s school waiting for it to open. Our car engine was off and we had no belts on as we had been there about 10 minutes already. Me and my parter have been to the doctors today as we both have pains in neck and shoulders, the doctor said it has just muscle pain from the impact. Can we claim?

    Ian Morris

    Yes, you can pursue a claim against the offending driver and we can help you pursue your claims on a No Win No Fee basis. If you have the vehicle details for the 3rd party that caused the accident, our specialist Solicitors will be able to pursue a claim against their insurers for any injuries and associated losses caused. Your Doctor appears to have diagnosed ‘soft tissue’ injuries and commonly in cases of Road Traffic Accidents, this refers to whiplash.

    If the 3rd party vehicle drove off, you don’t have their details or they were uninsured, we can still assist you in claiming compensation for the personal injuries you have sustained.

    Reply

    I was involved in a 2 car accident on the m6 motorway last night. A car braked suddenly in front causing the car directly in front of me to come to an emergency stop. I attempted to swerve to avoid a collision but impacted the rear nearside causing damage to both vehicles. I have severe neck pain and stiffness and will be going to the doctor. Is there anything I can do to claim?
    Thanks

    Ian Morris

    There is no harm in allowing us to further investigate your prospects of claiming compensation. As we work on a No Win No Fee basis, if we can’t take your claim further or if we do and it fails, you will not face liability for costs.

    The main ‘problem’ I can see at this stage is the issue of you being the car at the rear. Whilst you have not directly caused the collision, as the car behind you would normally be expected to have been sufficiently distant to be able to stop should the cars ahead break or change direction. Clearly, you have attempted to avoid collision, but not been able to do so. The car that came to an emergency stop would have done so for a valid reason, so it may be hard to establish liability against that driver.

    So that we can take this further, please make sure that you have the vehicle registration details of all parties involved and email them to us at justice@direct2compensation.co.uk along with a brief explanation of the incident and your contact details.

    Reply

    I accidentally crashed into someone in extremely slow moving traffic. No cars damaged. He is claiming wiplash. I was in greater shock than he was. He was taking photos, taking details etc. I could not move, but did see no damage was done to the cars. How wiplash is investigated? Are independent doctors assessing it? My concern is that claimant was harassing me about garage fees and me being difficult trying to talk to my husband about “car damage”. I informed my insurance.

    Ian Morris

    In a road traffic accident, it is not always the case that a vehicle needs to appear badly damaged for an occupant to sustain whiplash injuries – this is especially true when an accident involves newer vehicles.

    If you are suspicious about the claimant and believe that this person may not have suffered whiplash, but has instead fabricated his symptoms, you need to report that to your insurers to allege a possible case of fraud. The insurers will then investigate the claim to ensure that the only payments made out are legitimate.

    Reply

    Hi, I was in my friend’s car when we were involved in an accident. Driver behind failed to stop at the lights and plowed straight into us. Details have been exchanged. In terms of whiplash claim, does my friend claim for all this on his insurance? Or do I need to process my own claim? If so, do I need to speak to my own car insurance company? Or do I just find a private law firm to help me?
    Also, 3 months ago I was involved in a robbery, where I suffered cuts and injuries. I have severe back pain and GP is currently assessing me. I am also in the process of making a claim under Criminal Injuries Compensation Authority. Will any of the above cause problems with my whiplash claim? Will they see that I’ve already been to my GP for back issues and think I’m milking it now. Will they link my new injuries to my previous incident and void any new claim?

    Ian Morris

    You need to pursue your own claim and seek a specialist (such as Direct2Compensation and the Solicitors we work with) to act for you on a No Win No Fee basis. This is not something that you need to discuss with your own vehicle insurance company as it is a separate matter and best kept so.

    The issues you mention with regards to your ongoing claim with the CICA is not something that would stop you from being unable to make a claim for compensation for the worsening of your symptoms or any new injuries caused in the recent road traffic accident. Of course, you have done the right thing in immediately raising the issues of the pre-existing injuries as they do need to be disclosed to any Solicitor you instruct.

    Please call us on 01225430285 or use the ‘start a claim’ page of our website to start the ball rolling with your claim for compensation. We have expertise in managing claims such as yours and our specialist Solicitors would ensure that you were appropriately compensated for the injuries sustained and that the right medical evidence was obtained to demonstrate the exacerbation of any pre-existing injuries.

    Reply

    Hi, I was in an accident a little less than 7 days ago. It was a side impact accident from a roundabout where the person didn’t yield and I was already in the roundabout. I had back pain, neck pain, and a headache almost immediately and numb fingers and toes but I attributed the numb fingers and toes to the cold. I went to the doctor a couple of hours later after the police report and everything was taken care of. The doctor basically told me I have whiplash but they didn’t do MRI’s or anything. My back has been on constant pain since. Only heat to the back helps slightly. I’ve taken extra strength tylenol and advil and they barely make the pain bearable. Some days the pain is worse then others and some days I got like a shotting pain down the outer side of my hip and other days no shooting pain. It hurts to bend, and move. It is affecting my work now and I feel very limited. Do I have a case? Or is it too late since I didn’t get MRI’s done?

    Terian

    Forgot to mention, it was an unlicensed driver, wasn’t their car or their insurance. I’m currently stuck using my insurance while they investigate.

    Ian Morris

    It is not too late to make a claim or even seek further medical attention at this time. The accident was only 7 days ago and it is unlikely that an MRI scan would be arranged so early in the injury process. What you should do is return to your Doctor and discuss your symptoms and suggest to them that you should have further investigative scans to find out exactly what has happened.

    UK Law affords you a period of 3 years from the date of your accident in which you can make your claim for compensation.

    Reply

    Hi there,
    2/3 years ago I was involved in an accident in a Supermarket Car park. This driver drove into the side of my father’s car, from a parking space, causing us occupants to have severe pains, such as whiplash as the collision occurred. I have been suffering with a bad back ever since we had this accident a good few years ago. The driver was taken to court for it which we all had to give evidence against him. However, we never did as he admitted full liability to the accident. As a result, we were given a settlement via his party, I’m unable to remember if it was through insurance or something different. I as well as my family members were given £2,600 as a settlement.

    In recent years, I have managed to overlook the pain of my back as it hasn’t been bad, however, after starting a new job role, it has come back. In my previous employment,I also struggled with my back but I hid it because it was only minor.

    As a result of me being unable to hide it anymore, I unfortunately, reluctantly, went to my GP. They have prescribed me some anti-inflammatory tablets to try and help with my pain. I have explained all of this to them but they do not seem to be doing anything and taking me very seriously.

    My back has only been bad ever since the accident, however, as the driver admitted liability to it, we never got the day in court.

    Is there any advise you’re able to give to me? I’d be eternally grateful.

    Ian Morris

    Given that this matter was settled with the defendant driver admitting liability in full there is nothing further you can do. The defendant did not have to go to court on the basis that they admitted liability for the accident. As you and your family members have accepted a full and final settlement of £2,600 the matter will be deemed to be closed.

    Reply

    My hospital thinks I was faking my whiplash. But my gp examined me also my practice nurse. They think it is whiplash. How do I stand with insurance claim?

    Ian Morris

    I would ignore what was said to you in the Hospital – if your GP is happy to confirm your injuries and list them on your medical records, they are then hard to refute.

    When anyone pursues a claim for compensation for whiplash injuries, it is usual protocol for them to undergo a medical assessment during the claims process in order that the extent of the injury can be determined and prognosis for recovery confirmed. It is from this that the value of a whiplash compensation claim can be decided.

    If you would like some help to pursue a claim for whiplash compensation, please call us on 01225430285. We would be most happy to help you.

    Reply
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