How Much Compensation For A Whiplash Claim?
If you have suffered whiplash in a car accident, this could cause you to experience physical and psychological pain, as well as financial losses. This guide will answer some of the questions you may have about submitting a whiplash claim for personal injury compensation. We understand that starting a personal injury claim can seem like a complicated process, so we have broken down some of the key things you may need to know in understandable terms.
Key Takeaways
- The Whiplash Reform Programme changes the eligibility requirements for whiplash claims in England and Wales.
- You can also claim compensation for other injuries and financial losses alongside your whiplash injury.
- The time limit for making a whiplash claim is typically three years, although there are some exceptions.
- If eligible, a No Win No Fee solicitor from our panel could help you with claiming compensation.
You can contact our team at any time if you would like to ask a question. They offer free initial consultations, allowing them to assess the eligibility of your claim. Get in touch today to find out if an experienced solicitor from our panel could help you make a claim:
- Click the pop-up window in the corner to chat with us live
- Call our telephone line on 020 3870 4868
- Submit a claim enquiry online
Jump To A Section
- What Is Whiplash?
- What Are The New Whiplash Laws?
- Can I Make A Whiplash Injury Claim?
- How Much Compensation Can I Get For Whiplash Injuries?
- Can I Also Claim For Non-Whiplash Injuries And Losses?
- What Are The Time Limits To Start A Whiplash Claim?
- How Our Panel Of Solicitors Can Help Your Whiplash Claim
- Frequently Asked Questions About Whiplash
- Learn More
What Is Whiplash?
The NHS describe whiplash as an injury to the neck resulting from a sudden movement of the head. It typically occurs after a slip and fall or road traffic accident.
Symptoms Of Whiplash
The symptoms of whiplash can vary in type and severity. They include:
- Pain in the neck
- Headaches
- Stiffness of the neck or difficulties when moving your head
- Muscle spasms and pain in your arms and shoulders
If you are not sure whether you can claim whiplash compensation for your injury, our advisors are available to help you. There is no cost to enquire, so why not get in touch?
What Are The New Whiplash Laws?
The Whiplash Reform Programme changed how whiplash claims following a road traffic accident are made within England and Wales.
If your case meets the following requirements (as well as the claiming criteria we set out in the next section), you will need to make your claim via a different avenue:
- You are over the age of 18
- You were injured as a driver or passenger of a vehicle
- Your injuries are valued at £5,000 or less.
Furthermore, if you have a successful whiplash claim, your compensation will be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021.
If you have suffered additional injuries alongside your whiplash, these will be valued in the traditional way. Additionally, if the overall value of your claim is brought above £5,000 due to these additional injuries, you would make your claim via the traditional route, but the whiplash tariffs would still apply.
You can contact our advisory team to learn which avenue you should take when making your whiplash claim.
Can I Make A Whiplash Injury Claim?
All road users owe each other a duty of care to use the roads safely and responsibly. This includes drivers, passengers, cyclists, motorcyclists and pedestrians. Therefore, they must follow UK laws and guidance, such as the Road Trafic Act 1988 (RTA) and the Highway Code.
You must meet the below eligibility criteria in order to make a whiplash claim:
- Someone must have owed you a duty of care
- They failed to enact their duty
- This caused you to suffer a whiplash injury
Claiming For Whiplash As A Passenger
If you were a passenger in a vehicle and suffered a whiplash injury in a road traffic accident, you could be eligible to claim compensation.
Who you would make your claim against would depend on who breached their duty of care and caused the accident. For example, this could be the driver of the vehicle you were in or another motorist.
Contact our advisors today to learn more about making a whiplash claim as a passenger.
How Much Compensation Can I Get For Whiplash Injuries?
You may be wondering, ‘How much compensation could I receive for a whiplash injury?’. This depends upon the specific circumstances of your personal injury claim. Keep reading to learn about whiplash tariffs, guidelines for other injuries and the financial costs that you could recover.
Whiplash Compensation Calculator
As stated previously, there are now set tariffs for the amount of compensation you could receive for a whiplash injury. This is based on the number of whiplash injuries, the length of time a claimant has suffered with the injury and whether it was paired with psychological injuries. We have included some of these values below for reference.
| Length of Time Claimant was Injured For | A) Tariff for One or More Whiplash Injuries | B) Tariff for One or More Whiplash Injuries With One or More Psychological Injuries |
|---|---|---|
| Not more than 3 months | £240 | £260 |
| More than 3 months but no more than 6 months | £495 | £520 |
| More than 6 months but no more 9 months | £840 | £895 |
| More than 9 months but no more than 12 months | £1,320 | £1,390 |
| More than 12 months but no more than | £2,040 | £2,725 |
| More than 15 months but no more than 18 months | £3,005 | £3,700 |
| More than 18 months but no more than 24 months | £4,215 | £4,345 |
Split Liability Vs Knock For Knock
Split liability and knock-for-knock are two types of agreements that could impact your whiplash claim. Some may confuse them for the same thing, but they are different terms that cannot be used interchangeably.
Firstly, split liability claims involve the claimant and the defendant being deemed as partially responsible for the accident. For example, if you and another driver both reverse your cars at the same time and crash into each other, you both could be deemed liable for the accident.
How liable you are deemed to have been will impact the compensation owed. Imagine that your compensation is valued at £50,000, and you are deemed to be 25% responsible for the incident. This would mean that you receive £37,500, which is the compensation total minus 25%.
Knock for knock refers to agreements where each party will receive a payout from their own insurance policy, regardless of who was responsible for the accident.
We understand that legal terms can be confusing, so please reach out to our advisors with any queries you may have. You can contact them 24/7 for advice, free of charge.
Can I Also Claim For Non-Whiplash Injuries And Losses?
When submitting a whiplash claim, you may have also suffered from other injuries. For example, you could experience another neck injury, a forearm fracture or a back injury. You could be eligible to receive compensation for any additional injuries you have suffered, provided you meet the claiming eligibility criteria.
Your compensation can be split into two heads of claim. In successful cases of this nature, the claimant will receive general damages. These compensate you for the pain and suffering that has resulted from your injuries.
Please see the table below to review some figures provided by the Judicial College Guidelines (JCG). This document may be used by those valuing your claims as it contains compensation bracket guidelines with varied types and severities of injury. It is essential to note that these figures do not guarantee your compensation total. They are only provided as a guide.
The first row in this table does not come from the JCG.
| Type of Injury | Severity | Compensation Bracket |
|---|---|---|
| Multiple injuries with financial impact | Severe | Up to £500,000+ |
| Back | Severe (i) | £111,150 to £196,450 |
| Neck | Severe (i) | In the region of £181,020 |
| Moderate (i) | £30,500 to £46,970 | |
| Leg | Above knee amputation of one leg | £127,930 to £167,760 |
| Arm | Severe | £117,360 to £159,770 |
| Foot | Severe | £51,220 to £85,460 |
| Chest | Damage to chest and lungs | £38,210 to £66,920 |
| Knee | Moderate (i) | £18,110 to £31,960 |
Additionally, you could receive special damages. These aim to recover the financial losses you have suffered due to your injuries, such as:
- Payments for medical treatment (such as prescriptions)
- Costs made relating to travel for medical appointments
- Lost earnings or income due to time taken off work
- Expenses made for mobility equipment and home adjustments (for example, a stairlift)
You will need to provide evidence of these financial losses with evidence such as bank statements and payslips.
To discuss your whiplash claim and receive free advice, you can contact our advisors.
What Are The Time Limits To Start A Whiplash Claim?
Personal injury claims typically have a time limit of three years from the date of the accident. This is established by the Limitation Act 1980. However, exceptions may apply if the whiplash claim involves someone who is:
- Below the age of eighteen
- Unable to make decisions for their claim due to mental incapacity
You can contact our advisors to see if the above applies to your claim. They can explain how the time limit applies to your case and advise you on the next steps if you are eligible.
How Our Panel Of Solicitors Can Help Your Whiplash Claim
Our panel of road traffic accident solicitors have years of experience in handling personal injury claims. This allows them to benefit your whiplash claim by:
- Outlining legal terms and processes in a way that is easy to comprehend
- Offering advice that is tailored to the specific nature of your case
- Drawing on years of experience to navigate your claim
- Negotiating with the defendant on your behalf with the aim of giving you the option to settle outside of court
- Offering a No Win No Fee contract for your claim
A Conditional Fee Agreement (CFA), which works on a No Win No Fee basis, could allow you to proceed without paying for your solicitor’s work:
- Before the start of the claim
- While the claim is ongoing
- In the event that you do not receive whiplash compensation
However, a success fee would apply if you receive compensation. This is a legally capped percentage that is taken directly out of your compensation by your solicitor. You do not have to worry about losing most of the money as the cap ensures that you keep the majority.
Contact Us
You can reach out to our team of advisors at any time to receive free advice for your whiplash claim:
- Click the pop-up window in the corner to chat with us live
- Call our telephone line on 020 3870 4868
- Submit a claim enquiry online
Frequently Asked Questions About Whiplash
How Do I Start A Whiplash Claim
You can reach out to our advisors to find out whether you could be eligible to start a whiplash claim. They will explain the process of claiming for a road traffic accident and potentially connect you to a No Win No Fee solicitor from our panel. You will need to provide evidence to strengthen your case, proving your injuries and their cause, but a solicitor from our panel could also help you with gathering this evidence.
Can I Claim Whiplash For A Car Accident Abroad
If you have suffered whiplash due to a car accident abroad, you may be eligible to claim compensation. You may have been working abroad or visiting for a holiday. We recommend that you contact our advisors to discuss this in detail.
What If I Was Involved With A Foreign Driver
Similarly, you may be eligible to claim compensation if your incident involved a foreign driver. Please reach out to our advisory team, who can assess your claim and potentially help you to proceed.
Can I Still Claim Whiplash If The Fault Driver Was Not Insured
If you suffered an injury due to the negligent actions of an uninsured driver, you may still be able to make a claim. You could claim through the Motor Insurers Bureau (MIB). This company aims to compensate victims of untraceable and uninsured drivers. A solicitor from a panel could help you gain compensation through this route if your claim is eligible.
Learn More
You can visit our other road traffic accident guides:
- Learn about claiming compensation for a car accident as a pedestrian
- Find out about car park accident claims
- Learn more about claiming as a passenger in a road traffic accident.
External resources:
- Report a road traffic accident through the British Transport Police
- Follow government advice on road accidents and vehicle insurance
- Guidance on when to call 999 from the NHS.
Thank you for reading our guide on how to make a whiplash claim.
