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Whiplash compensation
& neck damage claims

Whiplash compensation & neck damage claims

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Minor Cases
Moderate Cases
Major Cases

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How to claim for whiplash after a car accident

After a road accident, it can be a difficult and frustrating time.

Whiplash injuries are often the result of a sudden violent movement. It stretches and tears the ligaments in the head and neck, sometimes causing further damage to the soft tissue near the top of the spine. Injuries are usually associated with car accidents, but almost any incident involving sudden movement of the head and neck can lead to a whiplash-type injury, such as playing sports or riding a roller coaster.

Whiplash is often seen as a mild injury, but the effects can last for a long time. In some cases it can leave an injured person in discomfort for several months. There are also several chronic pain conditions that can develop as a result of a whiplash injury. If you are in a low speed crash, then you may be at risk of a whiplash injury from the extreme G-forces involved in these kinds of accidents. The sudden acceleration or braking involved creates the “jerking” motion of the head and neck that is a key feature of a whiplash injury.

Whiplash often occurs in accidents at speeds of between 1 and 25 miles per hour. Studies have shown that even accidents at very low speeds (as low as 3 miles per hour) still have the potential for those involved to suffer significant injuries.

We approach whiplash compensation on a case by case basis; considering individual circumstances, specific details of the accident and severity of the injury. The symptoms of whiplash may take weeks, months or longer to appear and can develop into a debilitating injury. At Your Legal Friend, our whiplash compensation solicitors can help you claim justifiable compensation for your injuries.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

The time limit on making a whiplash claim

It’s helpful if you’re quick to start a claim as the detail of the event will still be ‘fresh’ in your mind. There is also a three year time limit from the accident. If you attempt to bring a claim after this date, it is usually ‘statute barred’ or ‘out of time’ under the Limitation Act of 1980, Section 11. If you aren't sure whether you fall within the three year limit, call us and we’ll be able to advise you as best we can based on the information you provide to us.

After the initial fact finding phone call with one of our expert claim handlers, a whiplash solicitor can assess your circumstances and the consequences you may face because of your injury. If they feel that they need to investigate further, they will then request copies of your medical records, with your permission. We will then at that point tell you if you have a case that is likely to be successful.

Throughout your claim, Your Legal Friend will help you every step of the way

  • Specialist team of whiplash injury solicitors
  • A wealth of knowledge and expertise
  • Advice, support and guidance throughout your claim
  • No win, no fee – guaranteed
  • Over 30 years’ experience in personal injury compensation
  • 95% success rate
I found your service very helpful and the staff very friendly. I would recommend you to everyone I know who needs help. Thank you so much.

Mrs L Allen, Cambridgeshire

Our whiplash claims experience

Alison Saul, Director of Personal Injury, leads our Road Accident team with over 15 years of experience. She is a fully qualified solicitor and achieves the highest levels of compensation for people suffering from whiplash.

Her team managers are, Philip Waters, Lee Quinn, Jenna Hargreaves, and Kathryn Langton.  Philip, Lee, and Jenna all lead Road Traffic Accident focused legal teams cases while Kathryn leads our Personal Injury team. 

Philip is a qualified solicitor with over 18 years’ experience in personal injury compensation.  Before he joined our team, he worked for a large insurance company and has extensive understanding of how to negotiate with insurers to get maximum compensation for his clients. Philip deals with complex whiplash cases and recently secured £1.6 million in compensation for one of his clients, who suffered catastrophic injuries in a road accident.

Lee has specialised in Personal Injury claims for over 15 years and also manages a wide variety of high value, multifaceted cases. Lee has far-reaching experience, acting on behalf of claimants and defendants, and understands how to secure the highest levels of compensation for the victims of car accidents.

Jenna is a qualified solicitor and has studied to become a barrister. She leads the internal reviews of our case management processes to ensure outstanding and effective case handling and high levels of client satisfaction.

Kathryn is also a qualified solicitor and specialises in work related accidents, public liability and any accidents abroad.  Kathryn deals with a variety of different cases, often dealing with accidents that involve serious injuries.

If you’d like advice on whether you might be able to pursue a whiplash claim, call our free phone number or submit your details through the form on this page. We’ll be in touch to schedule a phone call at a time that’s convenient for you. If you decide that you’d like to start a claim, one of our specialist whiplash lawyers will be able to tell you whether you can enter into a No Win, No Fee agreement*. This means that, in the event that your claim is unsuccessful, you won’t have to pay any legal costs.

There are many people injured in accidents each year through no fault of their own and the circumstances will be difference in each instance. Our team has extensive experience of successfully managing a wide range of personal injury claims, so we can help you secure the maximim compensation you deserve.

Alison Saul
Director of Personal Injury

*Our No Win, No Fee agreement

In a no win, no fee agreement, there are no upfront fees required in order for you to pursue a claim. Legal action can become costly and those affected, through no fault of their own, may have not have the money upfront to pursue their case.

That is why we agree to take the financial risk with a ‘no win, no fee’ whiplash claim agreement. You pay nothing if you lose your case and get the maximum compensation if you win. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you’re awarded.

No Win, No Fee Solicitors

Start your claim in 10 minutes

For a FREE, confidential, no-obligation assessment of your claim, simply complete this short form. We aim to call you back within 10 minutes.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

The whiplash claims process

Step 1 - Getting you back on the road

Assisting you with whiplash after a car accident means dealing with both the damage to your vehicle and your whiplash injury. To minimise the inconvenience caused by your accident, we arrange an equivalent hire car or motorbike for you to drive while you wait for repairs. We cannot provide replacement cycles.

Step 2 - Assessing the damage to your vehicle

An engineer will assess the damage to your vehicle and determine what repairs need to be completed to get your car back to you as soon as possible. Once you have approved the engineer’s report, we can arrange the repair.

Step 3 - Arranging your medical assessment

An independent clinician will assess your injuries and evaluate your ability to work whilst you are healing from them.

Step 4 - Updating you on the other driver's admission of liability

We will send the details of your claim to the other driver’s insurance company. If the other driver does not admit liability, we will send you their statement for you to comment on.

Step 5 - Valuing your losses

We then send your medical report, along with a valuation for your injuries and any associated losses to you.  You then need to complete and sign the medical slip and schedule of losses and return them to us along with proof of these losses, such as invoices, payslips etc. Using an average whiplash claim payout statistics and your circumstances, we should be able to give you an idea of your potential whiplash compensation amount.

Step 6 - Sending your valuation to the other driver's insurer

Once we have received your signed medical slip and schedule of losses back from you, we send these to the defendant’s insurer and ask for their best offer to settle the case.

Step 7 - Negotiating the maximum settlement possible

Our whiplash claims solicitors work to achieve the maximum possible settlement for your case, which can take some time to negotiate.  We will text and email you to keep you up to date with your case.

Step 8 - Issuing court proceedings

If the defendant’s insurer does not make a realistic offer, we will then issue court proceedings for a hearing.  It is very unlikely that you will need to attend this hearing.

Step 9 - Confirming your claim has been successful

Once the hearing has taken place, we will text and email you to let you know the outcome. Over 95% of the time, we have good news to share!

Step 10 - Sending you your compensation payment

Once we receive your compensation payment from the defendant’s insurer, we then arrange to send it to you as soon as possible.

Frequently asked questions

What is whiplash?

Car accidents can cause you to jerk your head and neck in such a way that stretches and tears your ligaments. It is a common outcome of minor crashes and because of this, people often think it is a mild injury. Whiplash is actually a phrase that covers mild sprains to severe soft tissue damage. Suffering from whiplash can be quite painful and cause major discomfort as it causes damage to the soft tissue at the top of your spine, which could result in it becoming a lifelong injury.

Do I have whiplash?

If you’ve recently been involved in an incident that has caused you to jerk your head or neck in a sharp, abrupt way, it's possible that you could have suffered a whiplash injury. The best thing for you to do is to go to your GP in the days immediately after the incident for an assessment.

Whiplash can happen to cyclists, motorcyclists or even to people playing sports and it is always advisable to seek medical attention, even if your injury only seems mild. Your GP may be able to offer treatment to ease your pain, and assess your ability to work with your injury at the same time.

What are the symptoms of whiplash?

As whiplash describes injury to the neck and upper back, stiffness and pain in these areas are the primary symptoms. There are other common symptoms associated with Whiplash, these can include but are not limited to:

  • Headaches
  • Blurred vision and tiredness
  • Swelling, tender inflamed skin
  • Shoulder and arm pain – also back pain, particularly when walking
  • Dizziness, and sickness

How long does it take for whiplash symptoms to appear?

Initial symptoms can appear in the days following your incident but in some cases it can take several months for the full extent of your injuries to become apparent. Whiplash can then develop into a chronic condition, which again takes time and you will need to have your symptoms assessed as you heal. If you’ve suffered a serious whiplash injury then it may be beneficial for your case to wait until you know the full extent of your injury in order for us to be able to seek the maximum compensation amount for you.

How long does whiplash last?

The effects of a whiplash injury can last a few days, causing minimal disruption to your everyday life. On the other hand whiplash can also develop into a lifelong condition, which is why it is important to seek medical advice as early as possible. A doctor can refer you for physiotherapy, administer pain treatments and support you in your recovery. If your injury does develop into a chronic condition, your GP will also have then documented and monitored your symptoms making it easier for you to make a claim.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

Who can claim for whiplash?

The criteria for a whiplash claim is anyone who has suffered the injury through no fault of their own such as being involved in a non-fault road traffic accident.

When bringing a claim, it must be within three years from the date that the whiplash injury occurred. It must have had an impact on your life in some way, such as loss of earnings due to being unable to work or it could be that your injury prevents you from enjoying activities that you may have carried out in the past.

Can I claim for whiplash as a passenger?

As a passenger, you can claim for whiplash as long as it is within 3 years of the date of the accident. Whiplash as an injury can be suffered by anyone, not just the driver of a car. As a passenger, the process of claiming is much the same as it is if you were the driver and involved in a non-fault road accident.

You can also claim for a whiplash payout as a passenger if the collision was the fault of the driver of the car you were travelling in.

How do I claim for whiplash?

Making a claim for whiplash begins with a phone call with one of our claim advisors to discuss your circumstances. We assess each individual case with care to give you accurate expectations of the amount of compensation you can potentially claim.

We will take details of the incident over the phone to get a full picture of what happened and what steps we need to take next.

Our calls are free and confidential and we aim to call you back within 10 minutes from the time you submitted your initial enquiry. We understand that not everyone has time to talk during normal working hours so we can arrange a phone appointment whenever is convenient to you.

What is the average claim value for whiplash?

We’re often asked “How much compensation can you get for whiplash?” – but the amount received relates to individual circumstances of the incident so it is impossible to give an accurate average whiplash settlement figure.

An average whiplash claim for minor cases may result in a payout of between £1,170-£4,450. Moderate whiplash claims can average between £4,450-£14,500 and in major cases, you can see amounts awarded of between £14,500-£88,000.

Are all whiplash claims the same?

Cases of whiplash vary from person to person, as does the effect of the injury and any damages awarded will reflect this. An experienced personal injury solicitor will negotiate with insurers to ensure that you receive the maximum compensation possible for your injury and circumstances.

For a confidential chat, call one of our experts today  0808 301 8622    As seen on TV

Can I claim for mild whiplash?

You can, - If the accident happened less than 3 years ago and there has been some effect on your life. Only you can decide if the effects of your injury merit the pursuit of a compensation claim. If you have suffered any loss of earnings, or inconvenience, it could be worth discussing the matter further.

What are the symptoms of severe whiplash?

Symptoms of whiplash can sometimes be very severe and may include:

  • Memory loss
  • Problems concentrating
  • Ringing in your ears

If you develop any of these symptoms following an accident, it is important that you seek medical attention as soon as possible. As part of our claims process, we will arrange a medical assessment from an independent clinician, but strongly advise that you seek medical attention from your local GP as soon as you can.

What about fraudulent whiplash claims?

Fraudulent whiplash claims in the UK have been a high profile story in the media this year as fake claims, harm motorists’ insurance, and also pulls resources away from genuine cases. We have a thorough vetting process to ensure that all cases that we take on are from genuine claimants.

Actions to discourage fake claims should not discourage you from making a genuine claim. The safety net of insurance and the processes of claiming compensation exist for a reason. They are there to ensure genuine claims receive due damages and to compensate losses that may have occurred.

Can I claim for whiplash if the accident was my fault?

No - If an accident was your fault, you will not be able to pursue a claim for whiplash. In the event of a collision though, liability is not always clear. It is easy to assume fault in the aftermath of a crash whilst in shock. Do not assume liability for an accident before you are in full possession of the facts and have a clear head to consider the incident. If in doubt, call one of our advisors to discuss your situation further.

What are the 2018 whiplash claims reforms?

A whiplash claims payout in 2017 will look quite different to the expected typical whiplash settlement after the 2018 reforms.

There are changes coming into effect in November next year based on a 2016 publication from the ministry of justice. This report into the soft tissue injury claims process was aimed at reducing false claims, with whiplash claims being capped.

The changes will introduce a fixed tariff for soft tissue injury claims, which will be set against the duration of your injury, if the injury has lasted less than 2 years. It does mean that the amount of compensation you are entitled to will be much lower. All cases under £5000 will be considered small claims for road traffic accidents. This means more motorists will be predicted to go through the small claims court rather than pursuing a claim using a solicitor for car accident claims. The changes also mean that insurers will not be able to offer a settlement unless there has been an independent medical assessment of the claimant.