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

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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. Starting your claim is easy, you can call us or even start your claim online.

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.

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  1. Hi
    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.
    Kind regards
    Tracy Pritchatt.

    • 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.

  2. 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?

    • 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.

  3. 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?

    • 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.

    • 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.

  4. 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 in2017 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

  5. 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?

    • 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.

  6. 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.

    • 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.

  7. 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.

    • 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.

  8. 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?

    • 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.

  9. 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

    • 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

Direct2Compensation Personal Injury Claims

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