How do I know if I have a valid claim for whiplash injury compensation?

66 questions have been answered below, why not ask your own?

If you have been in a car accident you may well have suffered an injury such as whiplash, struggling with limited movement, pain, discomfort and possibly unable to work or fulfill your usual activities. Whiplash is an injury associated with violent movements of the spine and upper spine. Recovering from it can be a lengthy process with physiotherapy often needed along with a great deal of patience.

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 how can you know if you have a valid claim?

See the doctor to confirm your injuries

As with all claims for personal injury compensation, whiplash claimants need to provide sufficient evidence to support their claim. Working out whether you were at fault or in any way liable for your accident is an easy issue for us to resolve.

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 often take a few hours or even a few days to become painful, so it is often the case that 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.  Whiplash claimants don’t have to claim quickly, but it always helps the specialist solicitor when a claim is made at the earliest opportunity.

Making a strong, valid whiplash compensation claim

The sooner you start your claim for whiplash compensation, the sooner we can help you make sure that you have the maximum chance of succeeding with your claim. 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.

All accidents and claims for whiplash compensation should be reviewed on an individual basis. 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 for whiplash compensation. 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 a road traffic accident that was not your fault?
  2. Have you developed whiplash related symptoms – stiffness in neck, shoulders and upper back, pain and discomfort?
  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.

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, we can call you back.

66 questions have been answered below, why not ask your own?

Leave a question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll answer it as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Questions & Answers


  1. Mark

    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?

    Reply
    • 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.

      Please call us on 01225430285 or get us to call you to find out how we can help.

      Reply
  2. Lauren Morris

    I was in accident this morning on a bus. There was a car in front that braked hard and we nearly crashed in to that car when the bus slammed the brakes on as well. I’ve been to the hospital this morning but they didn’t do much as I wasn’t in that much pain this morning. However, I am now and I am now waiting for the Doctors to call me for a further check up. Would I be able to claim?

    Reply
    • Ian Morris

      In this matter it would not be the bus company that were the liable party, as the driver of the bus has applied his brakes to avoid a collision and as they have managed to avoid a collision, they have done what would be expected of them.

      However, if you have reported this incident to the bus company and retained proof of travel (ticket or bus pass), it could still be possible to pursue a claim – possibly against the vehicle ahead that caused the bus driver to take evasive action, or if it was due to an untraced driver driving dangerously.

      Reply
  3. Ellen

    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

    Reply
    • 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
  4. Tracey

    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?

    Reply
    • 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
  5. isabella

    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 ?

    Reply
    • 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.

      If you would like our help to start your 2nd claim, please call us on 01225430285 or if you prefer, remember that you can ask us to call you at a time that suits you.

      Reply
  6. Ben

    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?

    Reply
    • 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
  7. Melanie

    I was hit from behind and am having terrible pain. I have the police report stating said claim. I am having headaches and sleepless night and lost work and unsafe car. It has been a week and no one at the insurance company has come out to see damage. I am going to the hospital to have mri. Please advise what I can do? Do I have a case? My fiancé is out of work and receiving chemo, I am only provider for us.

    Reply
    • Ian Morris

      Yes, you do have a claim and should start one as soon as possible. Please get in touch to enable us to help you further.

      Reply
  8. John Adams

    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.

    Reply
    • 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
  9. Simon

    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.

    Reply
    • 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.

      Reply
      • 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.

        Reply
        • 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.

          Reply
          • 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?

      Reply
  10. carol

    Hi i was in a car accident 2 weeks ago i have put a claim in …The car that hit us was a stolen car with false plates and in pursuit with 3 police cars on the the motorway. Do we stand to sue the police who really endangered us by chasing this stolen car to the point that it crashed into us? Obviously the suspect was arrested at the scene?

    Reply
    • Ian Morris

      You would not have a valid claim against the Police as they were acting lawfully and fulfilling their duty in attempting to apprehend the stolen vehicle and driver.

      The liable party in this matter is the stolen vehicle and drive as they were acting negligently and caused the collision – not the Police. We can assist you with claims for compensation even though the vehicle was stolen and possibly uninsured. The claims would be made via the Motor Insurers Bureau (MIB) and can be made on a No Win No Fee basis with our specialist Solicitors. You can also claim directly via the MIB without legal representation if you prefer.

      Reply
  11. Craig

    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?

    Reply
    • 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
  12. chantelle

    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?

    Reply
    • 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?

      To start your claim and get the ball rolling, call us on 012254302854 or you can request a call back if you prefer.

      Reply
  13. Clare

    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?

    Reply
    • 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. To start any claims, please call us on 01225430285 or, if they prefer we can call them.

      Reply
  14. Godwin

    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!

    Reply
    • 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
  15. Abolfazl

    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?

    Reply
    • 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
  16. Danniella

    I had an accident in September where a car tailgated me and then hit me from behind at standstill traffic. I had a medical examination and have had over 8 physio sessions.
    My solicitor through my insurance is now saying there is not enough evidence of ‘car damage’ to go to court for it and that the other driver isn’t admitting liability. The other driver allowed me to take photos of his insurance documents, driving license and car at the time of the accident.
    My solicitor is now saying all he can do is to go to the insurer with a settlement fee but if this doesn’t go through my case will be closed as there is no litigation.
    What is usually the outcome of this? Is there anything more I can do?

    Reply
    • Ian Morris

      Sadly the scenario you describe is becoming more and more common in cases of low velocity impact (LVI) road traffic accident cases. Whilst there is evidence to show that injuries commonly known as ‘whiplash’ can occur in low velocity impact accidents, there is also contrary evidence to show that this may not be the case. Insurers have jumped on this and now fight hard to discredit a claim for whiplash related injuries even if medical evidence corroborates such a claim if there is no visible vehicle damage.

      Was your car damaged? Was it repaired? Do you have an engineers report that can be used to add weight to your claim?

      Reply
  17. Jessica

    Hi i was recently involved in an accident where the car in front slammed on their breaks. We were in traffic and the car moved off then slammed on. There was no damage to their vehicle or mine and we agreed there was no need to make an insurance claim. The person has now put in a claim and is also claiming for whiplash. I know 1000% that there is no possible way they have whiplash! What can i do?

    Reply
    • Ian Morris

      You can and should make an immediate allegation of fundamental dishonesty against the claimant. In cases where there is no vehicle damage and no claim is made for vehicle damage, you should be able to get an agreement from the otherside that the impact was not sufficient to cause physical injury.

      Reply
  18. Rebecka

    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?

    Reply
    • 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
  19. Nick

    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?

    Reply
    • 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
  20. James

    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

    Reply
    • 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
  21. Declan

    I was in a car accident and hurt my back and neck, is it possible to claim compensation for my injuries but not my car as it’s just scratches and scapes on the front bumper. As it’s a 12 year old car and think they would write my car off as it would cost too much to respray! I don’t want to lose my car.

    Reply
    • Ian Morris

      If you have been injured in a car accident, you can claim personal injury compensation without having to claim for your car. You should though, report the accident to your insurers.

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

      Reply
  22. Neringa

    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.

    Reply
    • 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
  23. Tracy

    Involved in a rta 23.2.17. I was a passenger in a rental vehicle. The other car hit us and he was uninsured. I went through the mib as was advised. They are now stating after 2 years that the driver of the car I was a passenger in is partly to blame so I should go through his Insurance. Can you advise? The driver of the car that hit us was speeding and hit the car I was in, we were at roundabout at the time. Any advice would be appreciated.

    Reply
    • Ian Morris

      In their consideration of the circumstances of the accident and your injuries, the MIB have clearly decided that the liability for the collision does not rest with the uninsured party alone. To find out why they have reached this conclusion, you’ll need to ask them for written details of the same.

      As such, the MIB are correct in stating that you will need to pursue any claim against the insurance of the driver of the vehicle in which you were travelling.

      Reply
  24. Jay

    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?

    Reply
    • 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
  25. Terian

    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?

    Reply
    • 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.

      Reply
    • 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
  26. Noshaba

    This driver hit my parked car. My daughter who is autistic with learning and behaviour problems and myself sustained whiplash went through all the procedures with my insurance and referred to injury claim lawyers, medical report by their doctor and my GP confirmed our injuries. The third party denied liability, the claim was in process unfortunately the firm dealing my case went into liquidation. After that in 2017 I went to claim 500 they referred me to Appleby solicitors.They applied for court hearing. The third party has taken a report saying it was low velocity impact insufficient to cause injury, my solicitor is now telling me to discontinue and also I will have to pay court fee and third party insurance expenses. I am a carer for my daughter and don’t work. I don’t know what to do please help. In all this my daughter and myself suffered physically as well as emotional stress because of the other drivers intimidating behaviour. My daughter is 32 years old. This accident was in 2014.

    Reply
  27. Philomena Doherty

    Can I ask for interim pay, as I am unable to work.. large sign fell on me, where men were working on the building..this was 7 days ago!!
    If I’m granted interim payment do you take any of it, or would you wait until the case is settled?

    Reply
    • Ian Morris

      Any claimant who is pursuing a claim for personal injury compensation can seek an interim payment if it is appropriate for them to do so. However, an interim payment will only be claimable if an admission of liability is in place.

      Therefore, a claim would have to be commenced and the defendant insurers would have to be allowed appropriate time to investigate the incident and then respond to the claim. If and when they admit liability, an interim payment can be made. In most cases, interim payments are applicable in claims of a fairly high settlement value.

      In your case, as your accident was only 7 days ago, it is very unlikely that you will be able to get an interim payment for a considerable time. If you do obtain an interim payment, the amount received would be deducted from your final settlement value (for example, if you received an interim payment of £200 on a claim that had a final settlement value of £2000, your final settlement payment would be £1800 as you would have already had £200. In both cases, 25% would be deducted towards the costs of the claims process.

      On the actual accident you have had, it would appear that you do have a strong claim for compensation. As such, we would recommend that you commence a claim at the earliest opportunity and use our ‘start a claim’ page to get the ball rolling.

      Reply
  28. Michelle

    I am a passenger in a Ford F-250 accident. MRI shows a protusion in my neck
    The steering linkage broke while driving, the Collision Center told my attorney the linkage broke when we hit the 1st car. THAT IS WRONG! I saw it all happen, the truck drove into on-coming traffic due to the linkage breaking. How do I prove this? 2010 F-250 rebuilt new engine.

    Reply
    • Ian Morris

      The question you ask is the key question that any person wishing to pursue a claim for compensation needs to ask themselves – ‘How do I prove my case?’. For any claim to succeed, there must be supporting evidence available to corroborate a claim and prove that a defendant is liable. In your case, you would need an engineers report that demonstrated that the steering linkage was broken BEFORE the collision with the oncoming traffic. However, obtaining such a report is likely to be extremely difficult – if at all possible – and extremely expensive.

      Reply
  29. Aston

    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.

    Reply
    • 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
  30. Shushma tuli

    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?

    Reply
    • 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
  31. Iean Goodare

    Hi i have gone through all the procedure with an insurance company and I was hit in the rear sat at traffic lights i have never been in an accident before and in didn’t take pics of the car. I have then sold the car the other month weeks after the accident and now the solicitor is asking for photos wjich they didnt ask for at the time and now they say they can not make a claim because in do not have this evidence even though they have medical ancxidenrdnd physio reports is this right

    Reply
    • Ian Morris

      I am sorry to hear that you have had a bad experience to date with your claim for whiplash compensation. I am not sure why the claim should be dropped on the grounds of a lack of photographic evidence of the damage to your vehicle as there is not necessarily a requirement for photographic evidence of vehicle damage to be provided. We could certainly ask our specialist whiplash compensation solicitors to discuss this with you, with a view to taking over the claim for you – if it were deemed to be an appropriate course of action to do so.

      Clearly, I can only comment on the basis of your comment as I do not know the full extent of the response to your claim by the 3rd party defenders. It could be that the 3rd party are attempting to argue that the accident didn’t happen or that the collision speed at the point of impact was insufficient to cause the injury you have cited. If this is their argument, they are on a ‘sticky wicket’ as there is no evidence to support the view that low velocity impact collisions cannot cause whiplash. Indeed, there is a large volume of evidence that shows that low speed impacts can result in severe soft tissue injuries such as whiplash. Further, you have medical evidence in place that supports your claim and confirms whiplash injuries have been sustained. Sadly, many insurers are attempting to deny people access to whiplash compensation and you may well have seen reports in the news recently about further attempts to deny people access to whiplash compensation and make access to justice that little bit harder.

      I would be very happy to discuss this with you in detail.
      I look forward to hearing from you.

      Yours sincerely

      Ian Morris

      Reply
Direct2Compensation Personal Injury Claims

Speak with a claims expert

We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.