subject: 6 Common Questions About Making A Whiplash Personal Injury Claim [print this page] There are many questions raised when it comes to making a whiplash personal injury claim, and whiplash solicitors have heard all of them. Often it's the same questions people ask each time, and so in order to help anyone who may be considering making a whiplash claim, here are some of the most frequently asked questions, along with answers which may help you make your mind up about whether to pursue a claim or not.
Am I eligible to make a whiplash personal injury claim?
If you have suffered a whiplash injury as a result of an accident which was not your fault, and which occurred in the past three years, then yes, you are certainly eligible to make a claim. The only criteria which is important or relevant is that you have had whiplash, although it may have gone by the time you make a claim, the accident needs to have not been your fault, and the incident must have taken place within the past three years. As long as you fulfil those criteria then you are certainly eligible to make a claim. Of course, being eligible to make a claim doesn't in any way guarantee that your claim will be successful, although in the vast majority of cases the outcome usually is a positive one for the claimant.
Can I make a whiplash claim even if the other driver was uninsured?
This is a common concern, and a question a great many people ask. Often people don't bother to make a whiplash claim because they already know the driver was uninsured. However, you can still make a claim in these cases. Rather than claiming against the other driver you instead claim against the MIB (Motor Insurers' Bureau). The MIB was established in 1946 specifically to enable drivers to make claims in cases where the other driver does not have insurance, or left the scene and can't be traced. Approximately 30 of your annual insurance premium goes to fund the MIB, and this money is specifically to help you out in such situations.
The symptoms of whiplash didn't appear until the next day, can I still make a claim?
It is well known by both medical professionals and whiplash solicitors that quite often the symptoms of whiplash may take several hours to make themselves known. Just as bruises can sometimes take a while to develop, whiplash can have a delayed effect. You may well step from your vehicle after a rear end shunt and feel perfectly all right, albeit shaken up. But it could well be that later that day, or even the following day, symptoms start to appear. In such cases you are still perfectly able to make a valid claim.
Will I need to attend court in order to make a whiplash personal injury claim?
Almost certainly not. Because going to court costs a great deal of money both parties usually settle well before this. In a very few rare cases it is sometimes necessary to go to court, although the claimant doesn't always need to attend. On average around 2% of cases go to court each year, but generally you will not need to attend court in order to make a whiplash personal injury claim.
The car accident was only very minor, will people think I'm just making the symptoms up to get compensation?
It doesn't take a lot to cause whiplash. In fact research has shown that whiplash can be caused as a result of a rear end shunt where the vehicle was travelling at just 6 miles per hour. Most whiplash injury claims arise from accidents in which the speed involved was only between about 6 miles per hour and 12 miles per hour - between a jogging and a cycling speed. Your vehicle may be virtually undamaged, yet the soft tissues in your neck are considerably more delicate, and prone to damage at even slow speeds. Even if no claim for vehicle damage is made, you can still claim for whiplash compensation.
If I make a whiplash compensation claim, will my insurance premium go up?
In most cases, no. When you make a claim for vehicle damage your insurer will be involved, attempting to claim from the other person's insurance. But when making a whiplash claim your whiplash solicitors leapfrog your insurance company and go straight to the other party's company instead. If you were partially responsible for the accident then your insurance premium may go up, but in almost every case the compensation you receive more than covers any rise in premiums.
by: Justin Arnold
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