Whiplash injuries are some of the common injuries which you could sustain in road traffic accidents. While they are often considered to be minor injuries, they can lead to a lot of pain, discomfort and even mental trauma. You can go through our guide to learn how to claim for whiplash and how compensation could be awarded for a successful case.
Key Takeaways
- You may be eligible to claim for a whiplash injury if it was somebody else’s fault.
- The Whiplash Reform Programme was introduced on 31 May 2021 as a new way to make claims for low-value traffic accidents.
- The time limit to start whiplash claims is generally 3 years.
- You can also receive compensation for non-whiplash injuries and your financial losses.
- You can make your whiplash injury claim with one of the No Win No Fee solicitors from our panel.
We’re available 24/7 to answer your personal injury claims queries. If you have any questions about how to claim for whiplash, please get in touch for free advice. Contact us now to make a road traffic accident claim:
- Call at 0800 408 7825.
- Contact us through our online form.
- Reach us directly through live chat.
Jump to a Section
- What Is Whiplash?
- Common Symptoms Of Whiplash
- Can I Claim For Whiplash As A Passenger?
- Can I Also Claim For Non-Whiplash Injuries And Losses?
- What Are The Time Limits For Passengers To Claim Whiplash?
- Can Whiplash Injuries Be Avoided?
- As A Passenger, How Do I Start My Whiplash Claim?
- How Our Panel Of Solicitors Can Help You Claim For Whiplash Injuries
- Learn More
What Is Whiplash?
Before learning how to claim for whiplash as a passenger, let us understand what exactly whiplash is.
Whiplash is a kind of injury which occurs due to the impact of a sudden collision, causing your head to move back and forth suddenly. This sudden movement strains the neck and damages the tendons. Such an injury can occur irrespective of the speed of the collision since the neck muscles tighten to protect you.
Whiplash injuries commonly occur after a road traffic accident or a slip or fall.
Common Symptoms Of Whiplash
Here are some common symptoms of whiplash:
- Stiffness in the neck.
- Difficulty in moving your head.
- Headaches
- Neck pain
- Pain and spasms in the shoulder and arm muscles.
Can I Claim For Whiplash As A Passenger?
In this guide, we’ll focus on how to claim whiplash as a passenger in a road traffic accident. All road users have a responsibility to navigate the roads in a way that is safe for everybody. This responsibility is called the duty of care.
Road users are also supposed to follow the rules given in the Highway Code and the Road Traffic Act 1988.
To have an eligible whiplash injury claim, you need to establish the following:
- A road user had a duty of care towards you.
- There was a breach of this duty.
- As a result of this breach, you suffered a whiplash injury.
New Regulations For Whiplash Claims
After the introduction of the Whiplash Reform Programme, the method of claiming for low-value and whiplash injuries due to road traffic accidents has changed. You’ll claim through this scheme if you’re:
- A driver or passenger in a motor vehicle.
- Age 18 or over at the time of the accident.
- Have suffered injuries valued at £5,000 or less.
- The accident occurred in England or Wales.
In this case, your claim will be made through the Whiplash Reforms and your injuries will be valued according to the tariff given in the Whiplash Injury Regulations 2021. The values are fixed tariff amounts, and any additional injuries that aren’t covered by this will be valued through the traditional route. However, if the overall value of your injuries is still £5,000 or below, your claim will be made through the Whiplash Reform Programme.
Whiplash Compensation Calculator
In addition to learning how to claim whiplash as a passenger, you may be wondering how much compensation you could receive. The table below summarises the whiplash tariff amounts.
| Duration of Injury | Reward in case of one or more whiplash injuries (Table A) | Reward for one or more whiplash injuries and one or more minor psychological injuries (Table B) |
|---|---|---|
| Between 18 to 24 months | £4,215 | £4,345 |
| Between 15 to 18 months | £3,005 | £3,700 |
| Between 12 to 15 months | £2,040 | £2,725 |
| Between 9 to 12 months | £1,320 | £1,390 |
| Between 6 to 9 months | £840 | £895 |
| Between 3 to 6 months | £495 | £520 |
| Less Than 3 Months | £240 | £260 |
Want more information about how the new whiplash rules will affect your claim? Speak to our advisors now.
Can I Also Claim For Non-Whiplash Injuries And Losses?
After reading about how to claim for whiplash as a passenger, you must be wanting to know more about other injuries as well. However, you don’t need to claim through the Whiplash Reforms if one or more of the following applies to you:
- Under 18.
- Not the driver or passenger of a vehicle.
- Have suffered additional injuries that bring the value of the injuries over £5,000.
For a successful personal injury claim, your compensation may have two heads:
- General Damages: This head includes compensation for your actual injuries.
- Special Damages: This includes compensation for your financial losses due to the injuries.
As far as general damages are concerned, the person valuing your claim will use the Judicial College guidelines (JCG). We have provided some of the JCG figures in the table below (except for the top row). However, you must use this only guidance and not as final amounts.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Severe Injuries and Special Damages | Up to £250,000+ |
| Neck Injuries- Severe (i) | In the region of £181,020 |
| Neck Injuries- Severe (ii) | £80,240 to £159,770 |
| Neck Injuries- Severe (iii) | £55,500 to £68,330 |
| Neck Injuries- Moderate (i) | £30,500 to £46,970 |
| Neck Injuries- Moderate (ii) | £16,770 to £30,500 |
| Neck Injuries- Moderate (iii) | £9,630 to £16,770 |
| Neck Injuries- Minor (i) | £5,310 to £9,630 |
| Neck Injuries- Minor (ii) | £2,990 to £5,310 |
Can I Claim Financial Losses Caused By Whiplash And Other Injuries?
You may be able to claim for the following financial losses as special damages:
- Present and future loss of earnings.
- Medical costs, including travel to and from the hospital.
- Cost of repairing your car or replacing its parts.
- Professional care or any time devoted by a loved one.
For special damages, evidence like bank statements, payslips and invoices will be useful.
Need help in calculating compensation for multiple injuries? Contact our advisory team now for a free valuation.
What Are The Time Limits For Passengers To Claim Whiplash?
While learning how to claim whiplash as a passenger, it’s important to be mindful of the time limit as well.
According to the Limitation Act 1980, you have three years to start your whiplash claim. The time limit commences from the date of injury. However, this time limit is paused if the individual is:
- Under 18
- Has Reduced Mental Capacity
On the other hand, a loved one or any trusted person may claim on behalf of the above individuals by becoming a litigation friend. However, this option is available until:
- The minor turns 18.
- The individual’s mental capacity returns.
From these points, the time limit will commence. This gives the injured party three years from that date to start a claim.
What Is The Average Time A Whiplash Claim Can Take?
There is no definite amount of time your whiplash claim could take. This is because the facts of each claim differ, and the time it could take depends on factors such as:
- Claim complexity
- Evidence
- Nature of injuries
- Acceptance or denial of liability
- Negotiations
- Whether you are claiming through the Whiplash Reform Programme or against the liable party’s insurer.
Speak to our advisors now for more information on personal injury time limits and to get a rough timeline for your case.
Can Whiplash Injuries Be Avoided?
While it isn’t always easy to avoid whiplash injuries due to their sudden nature, there are some preventive measure measures such as:
- Always wearing your seatbelt in the car since it could help to minimise abrupt forward movements.
- Ensuring that the headrests of your car are aligned with the top of your ears to avoid a sudden jerk backwards.
- Maintaining a reasonable distance from the vehicles in front of you to avoid sudden braking or collisions.
In addition to learning how to claim whiplash as a passenger, you can also get more information on your compensation rights. Speak to a team member now to find out more.
As A Passenger, How Do I Start My Whiplash Claim?
Now that you have a fair idea of how to claim whiplash as a passenger, you may need information on the process of starting the claim.
We recommend that you work with a solicitor. This will ensure that you get complete guidance and knowledge on how to claim for whiplash as a passenger. A solicitor will help you in important steps, such as collecting evidence and support you through the claims process. They’ll also ensure that your whiplash claim is accurately valued with all damages considered so it can be filed in the correct manner.
What Evidence Do I Need To Make A Claim?
It’s necessary to gather evidence in support of your claim. Some examples of the evidence you could include are:
- CCTV or dashcam footage.
- Photographs of the accident.
- Contact details of eyewitnesses so witness statements can be gathered at a later date.
- Information from a police report, if relevant.
- Medical records
How Our Panel Of Solicitors Can Help You Claim For Whiplash Injuries
The solicitors on our panel have years of experience in dealing with whiplash injury claims. If you choose to make your claim with one of the solicitors on our panel, they’ll work hard to support your case. They can help you in the following ways:
- Answering all official communications.
- Explaining the legal terms.
- Collecting evidence.
- Reminding you of the time limit.
- Providing you regular updates on the progress of your case.
After the question of how to claim for whiplash as a passenger, you must be wondering about the legal costs involved. You need not worry since the solicitors on our panel offer No Win No Fee services. This means that your solicitor will offer their work through a Conditional Fee Agreement (CFA). Under this arrangement, you won’t have to pay for your solicitor’s services:
- Upfront
- While the claim is pending
- If you lose your case
In the event of a successful outcome, your solicitor will charge a success fee. This is a fixed percentage of your compensation, and the law has placed a cap on it to ensure fairness.
Contact Us
For more information on how to claim for whiplash as a passenger, contact us now:
- Call at 0800 408 7825.
- Contact us through our online form.
- Reach us directly through live chat.
Learn More
Thank you for reading our guide on ‘How to Claim for Whiplash As A Passenger’. Here are some more guides from our site:
- Our guide on how to claim after a car crash.
- Information on pedestrian accident claims.
- Details on claiming for anxiety after a car accident.
You can also go through some of these links from across the web:
- Guidance from the Government on claiming Statutory Sick Pay (SSP).
- Information from the NHS on getting help for your pain.
- Advice from the NHS on sprains and strains.
