How to claim for whiplash

A common injury for many UK road users involved in accidents, whiplash accounts for an estimated 1,500 injuries per day, according to the Association of British Insurers (ABI). Additionally, it costs the insurance industry around £2 billion per year as well as increasing the average annual vehicle insurance premium by approximately £90. It’s counted as one of the most common personal injuries people claim for – that’s out of all kinds of personal injuries, not just vehicle-related claims.

In recent years, the government has introduced the Civil Liability Act 2018 (the CLA), which made changes to the claims process for what are known as ‘low value road traffic accident related personal injury claims’. This covers a range of claims, but the vast majority relate to whiplash. Since the measures came into force in May 2021, the CLA has simplified the process for claimants, making it easier to receive fair and reasonable compensation for whiplash related injuries.

Keep reading to learn more about whiplash and how to make a claim for whiplash compensation.

What is a whiplash injury?

Caused by a sudden, powerful movement of the head, whiplash is an injury where rapid motion leaves muscles in the neck strained and the ligaments and tendons stretched out or even torn.

Although a common injury in road traffic accidents, incidents on other methods of transportation, slips, trips and falls, damage to the head and sports incidents, whiplash is typically a minor issue that can cause inconvenient pain and discomfort for a number of weeks. However, in some circumstances, whiplash has long-lasting or even permanent effects, leading many sufferers to claim compensation against the person responsible for the incident that caused the injury.

According to the changes made by the CLA, soft-tissue injuries of the neck, shoulder and back are now only classed as whiplash if they arose while the claimant was an occupant of a motor vehicle. This means that non-road accidents and those experienced by cyclists or motorcyclists are not included.

What does whiplash feel like?

When someone is affected by whiplash, the severity may vary, but it’s often easy to identify and hard to ignore. Along with an intense feeling of pain around the neck, whiplash can also leave the person’s neck feeling extremely tight and near impossible to move as easily as usual.

What are the symptoms of whiplash?

Although whiplash is typically connected to a feeling of pain and restriction, every case is different and the sufferer may experience differing symptoms. We’ve outlined common symptoms of whiplash below to indicate how its effects may impact people in a variety of ways.

Common symptoms of whiplash include:

– Pain and tightness in the neck
– A feeling of tenderness
– Headaches at the base of the skull
– Increased pain when the head is moved in any direction
– An inability to move the neck as freely as usual
– Sporadic feelings of fatigue, irritability and dizziness
– A tingling sensation in the arms
– Muscle spasms in the shoulders and arms
– Blurred vision
– Ringing in the ears
– Trouble with concentration, memory and sleep.

If you suspect you have whiplash, it’s very important that you seek medical attention. Firstly, this could help to relieve or treat your symptoms, helping you to feel better quicker. It can also help to rule out other injuries and ensure you receive the treatment you need following the incident, keeping you as safe and healthy as possible. 

Additionally, following the introduction of the CLA, whiplash claims can only be settled if you have medical evidence which proves your symptoms were as bad as you say they were. This was introduced in an attempt to cut down on the number of wrongful claims made, as well as to ensure the amount of compensation given out accurately reflects the severity of the injury. 

How long can whiplash last?

The length of time whiplash can affect someone can vary depending on the severity of the injury. In minor cases, the symptoms could ease in days or weeks, while in more serious cases it could take years to return to a feeling of normality. Unfortunately, in extreme cases, the impact on the person could be permanent.

Additionally, whiplash can be hard to diagnose straight away as some people will experience it as soon as the incident has happened while others will only begin to see symptoms days, weeks or months after the incident has occurred.

Evidence of the duration of your whiplash symptoms can also be helpful in terms of proving the severity of your injuries, which simplifies the process of determining how much compensation you should receive.

How to treat whiplash

Once you begin to experience symptoms of whiplash, it’s important that you get immediate medical attention. During a consultation with a doctor, you may be referred to a physiotherapist or be prescribed medication. However, in the meantime, you should apply ice to the affected area as soon as you feel pain and discomfort, take painkillers and try to continue with your everyday activities in order to keep the affected area from going stiff with disuse.

Can you claim for whiplash?

You can attempt to claim compensation on any injuries sustained in an accident. Whiplash is no different, and with some insurance companies labelling the UK as the ‘whiplash capital of Europe’, it’s clearly an injury that is commonplace in many of the road traffic accidents that occur in the UK every year.

How much compensation can I get for whiplash?

In any compensation claim, the settlement will be made up of what’s known as general and special damages. General damages cover all forms of pain caused by the incident, be it emotional, mental or physical as well as any direct effect it has had on your career or career prospects. Special damages, however, cover actual expenses from the incident and the effects afterwards, such as fees for medical treatment, prescriptions, transportation, rehabilitation, altered living arrangements and a loss of earnings, pension and any fees owed if you’ve been unable to work or have had to change profession.

Many of these factors will vary depending on the specific circumstances of the incident, injuries caused, the severity of these injuries and how victims have been impacted. More specifically, when someone involved in an accident experiences symptoms of whiplash, the amount of money they will receive in the settlement will be based on the severity of the injury in general damages and the cost of treatment as well as the effects of the injury in special damages.

What is the average whiplash settlement?

Following the CLA, if you are claiming for whiplash alone or for whiplash and minor psychological injury, there are set tariffs of compensation you can expect to receive depending on the duration of your injury. If you’re claiming for additional injuries, you may be entitled to higher levels of compensation relevant to the extent of your case.

The whiplash tariff is as follows:

If your injury lasts longer than 24 months or two years, then your claim would need to be assessed to determine the right amount of compensation for your injuries.

How long does a whiplash claim take?

A compensation claim for whiplash can take longer than expected depending on the severity, other injuries involved and if the person at fault refuses to accept blame on their part. That said, on average, a whiplash compensation claim will typically take somewhere between four and six months to complete.

How do I claim whiplash compensation?

If you’ve experienced symptoms of whiplash following an accident and believe that you weren’t at fault, you may be entitled to compensation. However, while the above information may help with determining whether your claim is viable, the settlement you may receive and the time it could take for a settlement to process, each case is different and only a qualified injury solicitor can properly assist you with your claim.

To begin a claim for whiplash compensation, you’ll need to gather evidence to support your description of events. As well as medical records that verify your injuries are as bad as you say they are, this could also involve witness statements, photographic evidence and more to prove the third party is at fault. For help with this and more as you progress your claim, speak to a qualified personal injury lawyer today.