How to make an insurance claim for whiplash
Whiplash damage can be painful and long lasting, but as it can also be easily faked, whiplash claims often come under scrutiny - it’s thought many claims are exaggerated or invented for financial gain.
Key Takeaways
Whiplash is caused by sudden impacts like rear-end collisions, and it can cause neck and shoulder pain, headaches and dizziness
If the accident wasn’t your fault you can claim as a driver or passenger - though you’ll need proof of injury and accident cause.
Claims can increase premiums but shouldn’t affect your no-claims discount if the accident is recorded as non-fault
Whiplash claims and car insurance
According to the Association of British Insurers, there are over 1,500 whiplash claims made every day in the UK, costing the industry up to £2 billion annually. This in turn contributes to an average increase of £90 in motor insurance premiums for drivers, as well as increased scrutiny on these types of claims.
As such, victims seeking compensation for whiplash injuries must be prepared to substantiate their claims with solid evidence of both the injuries sustained and the cause of the accident.
What is whiplash?
Whiplash is an injury caused by the overextension of neck muscles, often resulting from a sudden impact like a rear-end collision. Such an impact causes the head to jerk forward and backwards beyond its normal range of motion.
What are the symptoms of whiplash
Those who have suffered from whiplash may experience a range of symptoms, including:
Neck pain
Headaches
Dizziness
Shoulder pain
It's worth noting that these symptoms can sometimes take up to 12 hours to appear. While most people recover within a few days, with 90% healing within three months, some individuals may experience symptoms for years.
Can I make a whiplash claim for personal injuries?
If you weren’t at fault for the accident, you’ll be entitled to make a whiplash claim. You can pursue this directly through your car insurance provider or through a ‘no win no fee’ legal firm, but you’ll need to prove the accident wasn’t due to your negligence. You’ll also need to provide a medical report detailing your injuries.
What are the rules about making a whiplash claim?
As a result of fraudulent whiplash claims, car insurance premiums have increased for everyone - so the government introduced new rules designed to prevent these claims in May 2021. The new regulations include:
Fixed compensation amounts for minor claims
The requirement for medical evidence for your whiplash claim
An increase in the small claims limit for road accidents to £5,000
How do I make a whiplash claim?
You’ll generally have a three-year window from the date of the accident to make a claim. The steps include:
Gather evidence of the accident and the injuries you sustained - photographs and witness statements for example
Exchange details with the other driver
Notify your insurer provider
Undergo a medical examination and get a report
Should I make a whiplash claim?
If you’re experiencing pain and symptoms that affect your ability to work or lead to a financial loss, then making a claim is justified. The compensation you receive can be a huge help with things like additional medical costs and other expenses.
How much can I claim for whiplash?
The amount of compensation for a whiplash claim can vary significantly, depending on the severity of the injury and its impact on your life.
Compensation amounts can range from £1,500 to £3,000 for less severe cases, with more serious injuries potentially warranting claims of up to £100,000.
Can I claim for whiplash as a passenger
Passengers can also make a claim for whiplash damage - remember you still need to collect evidence such as photographs of the scene, details of the accident and the people involved.
Can a whiplash claim be refused?
Whiplash claims might be refused due to the following reasons:
There is insufficient proof of injury
There is a lack of evidence proving the other party’s fault in the accident
The insurer suspects you are committing fraud
How does a whiplash claim affect my car insurance?
A whiplash claim, like any other claim, is likely to affect your car insurance premiums, even if you weren’t at fault. However, if it’s recorded as non-fault then your no-claims bonus shouldn’t be affected.
How long does it take to settle a whiplash claim?
Whiplash claims can take at least a few months to settle in straightforward cases, but more complex cases with disputes over fault or severe injuries can take much longer.
Compare car insurance
When it comes to car insurance, finding an affordable deal is essential. With MoneySuperMarket, you can compare quotes easily by providing some basic information about yourself, your vehicle, and the type of coverage you're looking for.
You’ll be able to compare quotes by the overall monthly and annual premiums, the level of cover included, and the excess you’ll need to pay to make a claim. Once you’ve found the right deal, you can finalise your purchase directly with the provider.
The process of making a whiplash claim can be daunting, but with the right knowledge and resources, you can ensure that you receive the compensation you deserve while also securing the best possible car insurance for your needs.
