How to make a whiplash claim
Whiplash is most commonly caused by a sudden acceleration or deceleration force, such as that experienced in a car accident. The force causes the head to jolt forwards or backwards, hyperextending the neck and causing tissue damage. Whiplash can be a very painful injury, and can often lead to long-term discomfort. The symptoms of whiplash can include neck pain, headaches, dizziness and fatigue.
In severe cases, whiplash can also cause memory problems, sleep disorders and Depression. The new government legislation will help to ensure that those who have suffered from whiplash receive the compensation they deserve. The new tariff will assess the severity of the injury, and the new portal will allow claimants to file their claim without legal representation. This will help to speed up the claims process and ensure that justice is served.
Latest whiplash rules
The limit in small claims
The limit for small claims for personal injury RTA (Road Traffic Accident) claims has been increased to £5000. This means that people can make a claim for up to £5000 without having to pay legal fees. The government wants to stop people from making fraudulent whiplash claims, so this is one way they are doing it. If someone has legal representation when they make a claim below £5000, the legal costs will not be allowed to be recovered from the insurers.
The government recently introduced a fixed tariff for injuries. This will stop people from arguing about how much money should be awarded. The tariff will be £240 for injuries that do not last longer than 3 months, and it goes up for every 3 months that the injury continues beyond that.
The tariff will only apply to claims for injuries resulting in minor psychological injury. In very rare cases, the claimant may request a 20% uplift on the tariff if they and their medical professional agree that the injuries are ‘exceptionally severe’, but this must be approved by the court.
The new portal system has been developed so that people can take care of their personal injury claims without having to use a lawyer or claims management company.
For an up to date guide on whiplash claims see nh-law.co.uk
How to make a whiplash Claim
In order to claim for whiplash, you must have suffered from a whiplash injury in the last 3 years.
The RTA must have been somebody else’s fault. You can also claim for a child younger than 18 at the time of the accident. The three-year limit will be applicable after their 18th birthday, and they will have until their 21st birthday to make the claim.
To pursue a whiplash claim, you must have evidence. This includes a medical report from a doctor that supports your claim. If you don’t have a medical expert report, your claim cannot be processed.