What Is A Whiplash Claim?

If you have sustained a whiplash injury in a road traffic accident for which someone

else was responsible for, you will have the right to pursue legal action in the form of a whiplash claim. But what is a whiplash claim? What does it involve? And how do you know if you can make a whiplash claim?

Whiplash claims

If you have suffered whiplash in an accident that was not your fault, you are entitled to financial compensation. This is because another person (usually another driver) will have failed to act with due care and attention, thereby causing you an injury. If you have been wrongly injured as a result of another person's negligence, you are permitted to make a claim. This underpins personal injury law which is in place to ensure people harmed through no fault of their own are compensated for the pain, suffering and financial loss they have experienced.

What does a whiplash claim involve?

A whiplash claim involves taking legal action to recover compensation for the damages you have suffered. The claim will be made against the person responsible for your accident and will be dealt with by their insurance company. The driver was uninsured or fled some the scene of the accident your claim will be made through the Motor Insurance Bureau.

During the course of a claim, your solicitor will collect evidence to prove firstly that the other driver was to blame for the accident, and secondly that the accident caused you a whiplash injury. Your solicitor will then present this evidence to the other side who will either admit or deny liability.

If they accept responsibility, your solicitor will proceed to negotiate a settlement on your behalf, which you will receive 100% of. Alternatively if liability is rejected, your solicitor will continue to negotiate until an agreement can be reached. It is possible that your claim will end up in court, but this is very rare and normally a settlement can be agreed before litigation is necessary.

How do you know if you can make a whiplash claim?

If you were injured as a result of an accident for which someone else can be held accountable, you will be able to make a claim. However, every case will have a different set of circumstances which may affect the strength of a claim. Furthermore, it is not always obvious who is to blame. Therefore to make certain, you need to contact a legal expert. A solicitor who specialises in whiplash claims will be able to listen to the details of your accident before suggesting what action, if any, you can take.

by: Paul Howe

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