Can You Claim Whiplash Compensation If The Third Anniversary Of Your Accident Is Fast Approaching?

Whiplash is a fairly common injury often, but not always

, sustained during a road traffic accident where one vehicle collides with the rear of another vehicle, usually when the vehicle that has been struck was stationary or in a queue of slow moving traffic. If the accident was caused through no fault of your own you may be entitled to claim compensation for the injuries and losses you have sustained. However, how important is it to start your claim as soon as possible after the accident? Will your chances of success being reduced if you have left it several years before making a claim? This article seeks to answer these questions and also looks at the importance of time limits in personal injury claims - with regards to both adults and children -, how factors such as whether you have been to your GP regarding your injury may affect the chances of pursuing a successful claim, why you may choose not to take legal action immediately after the accident and what to do now if the third anniversary of your accident is approaching.

There are many reasons why people choose not to make a claim for compensation soon after they have been involved in a road traffic accident. For example, it may be that you were so distressed and shocked by the occurrence of the accident (even very minor accidents can lead to 'what if......'s and flashbacks) that you simply wish to put the matter behind you as soon as possible. You may also feel that on top of having to sort out car repairs, alternative travel arrangements and attending GP appointments you simply do want the additional 'task' of making a claim for compensation. The aftermath of an accident can be very disruptive with calls to make, letters to write and appointments to attend and you may feel that you are already having to deal with more than you can handle. Alternatively, you may have believed that any whiplash symptoms you were experiencing after the accident would quickly resolve themselves and would not be significant enough to justify making a claim for compensation.

It is important to realise that, as an adult who has been injured in an accident, you have three years from the date of the accident in which to make a claim. If you do not make a claim, or if court proceedings have not been issued, by the third anniversary of your accident you will be prevented in law from making a claim. However, in the case of injured children, the three year time limit does not start until the 'child' has reached the age of 18, meaning they have until their 21st birthday to make a claim.

Although it is much more advisable to start the claims process as soon as possible after the accident (whilst evidence is still fresh, road markings may be apparent and witnesses may recall the precise details of the accident) there is no reason that, if for some reason you delayed taking legal action straight away, you cannot take the first steps towards making a claim at any point during the three years after the accident. It would help to support you claim, however, if your injuries have been properly documented by your GP and/or local A&E department. If it can be proven that the accident was caused through no fault of your own, and that a record exists of the injury you sustained, there is no reason that delaying the claims process should lessen your chances of success.

If you were injured in an accident and the third anniversary of the accident is fast approaching it is vital that you seek legal advice immediately. A specialist whiplash solicitor will be able to advise you on your chances of pursuing a successful claim and will be able to take steps to ensure that you do not become prevented in law from making a claim due to time restrictions.

Copyright (c) 2012 Robert Gray

by: Robert Gray

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