Whiplash Claim - Am I Eligible For Compensation?
Learn how we could help with a whiplash injury claim.
£85 million in compensation
Whiplash Claim - Am I Eligible For Compensation?
Learn about how we could help with a whiplash injury claim
Have you or someone you know ever been in a road traffic accident that was not your fault? Have you suffered a whiplash injury? If the answer is yes, you may be able to make a whiplash claim for compensation.
Whiplash claims are quite common. Between October 2024 and December 2024, there were 64,936 whiplash claims made in the UK alone.
In this guide, we will explain the eligibility for a whiplash claim, discuss how much compensation your claim may be worth and take you through the details of how to seek compensation.
In addition, we explain what financial losses you could claim back and how working with one of our experienced solicitors could be most beneficial.
Key Takeaways
- We have a team of experienced advisors waiting to take your call.
- You may be able to have the support of a No Win No Fee solicitor during the claims process.
- We are open 24 hours a day to help answer any questions you may have.
- You will be updated on a regular basis throughout the entire process.
Contact us using the details below:
- Phone free on: 0151 375 9916
- Online: Contact Us – JF Law
Am I Eligible To Make A Whiplash Injury Claim?
We need to establish that a duty of care was owed at the time of injury for a whiplash claim to be valid.
Road users owe a duty of care to each other. They must navigate in a safe and responsible manner. Rules under the Road Traffic Act 1988 and parts of the Highway Code are that road users, including individual drivers, public transport drivers, motorbike riders, cyclists, pedestrians, horse riders, and people riding e-scooters and/or disability scooters navigate safely.
To make a whiplash claim, we need to know:
- Were you owed a duty of care?
- Was this duty breached?
- Did the breach of duty result in an injury?
If all of these elements are proven, a whiplash injury claim could be made.
If you would like to learn more about making a whiplash claim and discuss whether you are eligible, call our experienced advisors for a free consultation. They are here to help with any questions you may have.
Whiplash Reform Programme
Your whiplash claim may need to be made through the Whiplash Reform Programme. However, there are certain requirements that you will need to meet in addition to the personal injury claims criteria discussed above. The following apply to claim through the Reform Programme:
- The accident occurred in England or Wales on or after the 31st May 2021.
- You sustained injuries as a driver or passenger in a vehicle.
- You are at least 18 years old.
- The overall value of your injuries does not exceed £5,000.
Furthermore, whiplash injuries are valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021. However, if you suffered injuries that are not in this tariff, they will be valued in another manner. Additionally, if your injuries exceed the £5,000 limit, your claim will be made in the traditional manner, but the tariff amounts could still apply.
Please speak to an advisor so we can ensure that your claim is made in the correct way.
How Much Compensation Can I Claim For Whiplash?
As no two cases are the same, it is difficult to say how much compensation you could claim for a whiplash injury. In May 2021, the government introduced The Whiplash Injury Regulations 2021, which meant that whiplash claims would be valued using a tariff, as we discussed above. Below is a table of the amounts that were put in place:
| Duration of injury | Amount – Regulations 2 (1) (a) whiplash only | Amount – Regulation 2 (1) (b) whiplash inc minor psychological injury |
|---|---|---|
| More than 12 months, but not more than 15 months | £2,040 | £2,125 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345 |
Established, Experienced, Dependable, Responsive and Committed
We strive to provide the highest level of service possible. Our sole aim is to get you the best result we can and one you’re satisfied with. Get in touch today to find out how we can help you.
Factors Affecting Your Compensation
There are a number of factors that could affect your compensation amount.
- The severity of your injury.
- The longevity of your injury.
- The impact it has on your life and work.
- If you’ve additional injuries, such as soft tissue injuries and/or psychological damage.
- Any treatment that you require.
- Medical expenses.
- Any future financial losses you may incur.
Special Damages
Whilst there is no guarantee of recovering your financial losses (special damages), we always recommend filing a claim for them.
Examples of special damages include:
- Loss of earnings (this would include any future earnings, bonuses or pension payouts you may have received.
- Medical costs, including any treatment that a medical expert has recommended.
- Travel costs to and from medical appointments.
- Care and assistance that a family member or a professional carer may provide.
- Any home and/or car modifications that you may require.
- Replacement of any personal items that were damaged as a result of the accident.
If you would like to learn more about special damages and what you may be able to recover, call today to speak with an experienced team member for your free advice.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Is Whiplash?
Whiplash is a neck injury caused by forceful and rapid back/forward movement, similar to that caused by a car accident.
Symptoms include:
- Neck pain and stiffness
- Worsening pain when moving the neck
- Minimal range of motion.
- Tingling and/or numbness in the arms.
If you have been in an accident that was not your fault and would like to discuss it further, contact us today for a free, no-obligation consultation.
Can I Make A Whiplash Claim As A Passenger?
If your whiplash injury happens as a result of a road traffic accident, you might think that the driver is the only person who can make a claim. However, if you have a passenger with you and they have injuries as well, then the passenger can also make a claim for compensation. Please note, that these are separate personal injury claims, even if you are claiming on behalf of another party.
There are alternative circumstances when you can make a claim on behalf of the passenger if the passenger is a minor (your child). If you would like to make a whiplash claim for a minor, you would need to become their litigation friend. Our experienced solicitors could help you complete the documents required for this process.
Call today for your free, confidential consultation to discuss if you could claim for your passenger or if you could make a claim for injuries you sustained as the passenger.
How Whiplash Happens
Whiplash is commonly caused by a rear-end car accident. However, it can also occur in other circumstances, such as sports accidents or physical abuse.
Examples of when whiplash could occur:
- Rear or side collision.
- Sports injury – football, rugby and/or hockey.
- A Fall – A sudden fall can cause your head to jolt backwards.
- Domestic abuse – from being shaken or punched.
To speak with one of our advisors and discuss your circumstances, call today for your confidential chat.
How To Start Your Whiplash Claim
Once we have established your eligibility to make a whiplash claim, it is important that we start the process as soon as possible. Whilst instructing legal representatives is not a requirement, we strongly advise working with one of our expert solicitors, who will make the whiplash claims process run as smoothly as possible. Additionally, an experienced solicitor can ensure that your claim is made in the correct manner and make sure all of your injuries are accounted for and accurately valued.
If you would like to speak with an experienced advisor, call today for your free, no-obligation consultation.
The Evidence You’ll Need
To make a successful claim, it is important to gather evidence. Examples of evidence include:
- CCTV footage.
- Police incident report – you can make a road traffic incident report.
- Contact details of the third-party insurance company.
- Photographs of the damage to the vehicle and the location.
- Sketch of the direction you were going and the third party was going.
- Witness details – contact information from witnesses to the accident if they can provide a statement later on.
- Medical evidence – a medical report will be used to determine the severity of your injuries.
Time Limits - How Long You Have To Claim
Under the Limitation Act 1980, there is a 3-year time limit for making a whiplash claim.
However, there are some exceptions to the rule:
- If the injured party is under 18 (a minor), a parent, friend, family member, or even a solicitor can apply to become a litigation friend on their behalf. However, if they turn 18 and a whiplash claim was not made, then the time limit starts.
Another exception is:
- If the injured party lacks the mental capacity to bring forward the claim. However, if they regain their mental capacity while the claim is ongoing, they may choose to continue with the claim themselves. If a claim was not made for them and they regain this capacity, then the time limit starts from the date it was deemed they made this recovery.
No Win No Fee Claims
Our solicitors use a Conditional Fee Agreement (CFA) to provide their No Win No Fee service. This allows the claim to:
- proceed without paying out any upfront or ongoing costs for your solicitors’ work.
- your solicitor fees will only be paid if your claim is successful.
- If the claim is unsuccessful, you will not need to pay for your solicitors work.
Once your claim has been settled, a small success fee will be deducted from the compensation that you are awarded. The success fee is legally capped, which ensures you receive the majority of your compensation.
How Long Will It Take For A Compensation Payout?
It must be noted that each case is unique, so it is almost impossible to confirm how long it will take to receive your compensation payout.
We need to take into consideration:
- The severity of your injuries and/or harm.
- The decision on liability, whether it has been admitted and/or denied.
- Medical evidence – If you are waiting for a specialist and/or medical records
- Waiting for the prognosis period to expire.
- The value and/or complexity of the claim.
If you believe you have an eligible whiplash claim, contact us today.
How Our Solicitors Can Help You Claim
Our experienced solicitors will help you in all aspects of the whiplash claims process.
Including:
- Help gather evidence to support your claim.
- Arrangement of any medical appointments.
- Completion of any court documents that may be required to continue the case.
- Help with finding treatment providers close to your home.
- Negotiating with the defendant’s solicitors.
We hope this guide has been helpful. If you have any further questions, call today for your confidential, no-obligation consultation.
- Call free: 0151 375 9916
- Online: Contact Us.
More Information
Additional guides for your viewing:
- Read about how to make an accident at work claim with JF Law.
- See details on foreign injury claims with JF Law
- Find out more about how to make a criminal injury claim with JF Law
Further resources used:
- Read more about the Whiplash Reform Programme: Information and FAQ – GOV.UK.
- Learn about neck pain – whiplash injury, and health topics.
- Find out details regarding statutory sick pay (SSP): overview – GOV.UK.
Thank you for your time today and for reading our guide on how to make a whiplash claim. We look forward to hearing from you.
AS SEEN ON
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
Request a Callback
