Making a whiplash claim
Key Takeaways
- Whiplash occurs after sudden impact, typically presenting as pain in the neck, shoulders and arms.
- You'll need to get a medical report from an approved professional in order to make a whiplash claim.
- You can claim for whiplash injuries through the Official Injury Claim portal.
- Even a non-fault claim can lead to a premium increase at renewal. Insurers often view a claim as an indicator of higher risk, which can lead to higher premiums.
What is whiplash?
Whiplash is a neck injury caused by a whip-like movement of the head after a sudden, forceful impact. Whiplash causes the soft tissues of your neck, shoulders, and back to be strained or sprained as a result.
The main symptoms of whiplash are:
- Stiff neck
- Dizziness
- Headaches
- Pain in the shoulders and arms
- Muscle spasms in the shoulders and arms
You may not present symptoms straight away after an accident. Sometimes they can take up to 12 hours to develop, so it's important to monitor yourself during this window of time.
Minor cases of whiplash should resolve themselves within the first few days, but severe cases can cause problems for months or even years.
Can you claim for whiplash in the UK?
In the UK, you can make a whiplash injury claim if you meet the following eligibility criteria:
- The accident must have been someone else's fault: You must be able to prove that the accident wasn't your fault, unless you have shared liability.
- It must be under the 'small claims' limit: This is the limit for personal injury claims. For most road traffic accidents, this is £5,000.
- You must be within the time limit to claim: You generally have three years from the date of the accident to start a whiplash claim.
How to claim for whiplash injuries
Whiplash claims can be made either through your insurance or a 'no win no fee' organisation like the Official Injury Claim portal for injuries under £5,000.
You’ll generally have a three-year window from the date of the accident to make a claim. To claim for whiplash through your insurer, you'll need to:
- Gather evidence of the accident and the injuries you sustained. This might be photographs and witness statements for example
- Exchange details with the other driver
- Notify your insurer provider
- Undergo a medical examination and get a report
You'll need to provide information on where and when the accident happened, as well as the injuries you sustained as a result.
You can only make a claim through Official Injury Claim if:
- You're over 18
- The accident happened in England or Wales.
- The accident happened on or after 31st May 2021
- You believe the accident wasn't your fault
- You were inside the vehicle
- You have a minor injury with a value under £5,000
To claim through the OIC portal, you'll need to complete the following steps:
Provide information to make your claim:
Go to the Official Injury Claim Portal and fill out the following information:
- Your National Insurance number
- The registration numbers of any vehicles involved in the accident
- Information about the other driver
- Details of police involvement, like reference numbers, if relevant
- As much information about the accident as possible
- Information about your injuries
- Information about any other losses, like damaged belongings, travel costs due to being unable to use your vehicle, or any other fees you may be able to claim for.
You'll then need to sign a 'statement of truth' to confirm you believe the information you've given is correct. This is a legal requirement, as giving a false statement could lead to court proceedings against you.
The claim is investigated:
Official Injury Claim will find the insurance provider of the driver you believe to be at fault. They'll pass on your claim information to them, and the provider will check and confirm the details of the accident within 30 working days.
If they agree that the accident wasn't your fault, either entirely or partially, the provider will ask you to get a medical report.
Provide medical evidence:
The cost of the initial medical report will be paid for by the insurer. Official Injury Claim will help you arrange an appointment with an approved medical expert in your area. The expert will check your injury and make a diagnosis. They'll also give an estimate for how long the injury will take to heal.
This report will be uploaded onto the system for you to agree to and check before it's passed on to the insurance provider.
Receive a compensation offer:
Based on the circumstances of the whiplash claim, your insurer will make a compensation offer. The compensator has 20 working days from the time you have requested an offer.
This will take into account the medical report and any confirmed losses. If you have a whiplash injury, your compensation will be based on a fixed tariff.
Next, you can accept the offer or challenge it if you aren't happy with the outcome.
Receive payment:
Once you have accepted the offer the compensator has made, payment should be made within 10 working days.
You can contact Official Injury Claim by phone on 0800 118 1631 if you need further support with your claim.
How much is compensation for a whiplash claim?
The amount of compensation you can get for a whiplash claim is fixed and depends on the duration of the injury.
The Whiplash Tariff was introduced in 2021 and provides a fixed amount you can receive for a whiplash claim, depending on the duration of the injury.
You may also get a slightly higher tariff if your whiplash neck pain is accompanied by psychological triggers like travel anxiety.
After a car accident, it's important to document the scene correctly for valuation purposes. Our guide on what to do after a car accident can help you establish next steps.
Let's take a closer look:
| Duration of injury | Whiplash only | Whiplash and psychological injury |
|---|---|---|
| Not more than 3 months | £240 | £260 |
| More than 3 months, but not more than 6 months | £495 | £520 |
| More than 6 months, but not more than 9 months | £840 | £895 |
| More than 9 months, but not more than 12 months | £1,320 | £1,390 |
| More than 12 months, but not more than 15 months | £2,040 | £2,125 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345 |
If you were found to be partially at fault, you may find that your whiplash claim is reduced. For example, if you weren't wearing your seatbelt at the time.
If you've received state benefits following the accident, you may find that your whiplash compensation is reduced.
Can a whiplash claim be refused by an insurer?
Yes, there are a number of reasons why a whiplash claim might be refused:
- Lack of medical evidence: You must be able to provide a medical report from a qualified professional to prove the injury was caused by the accident. If you cannot provide the required documentation – particularly the above-mentioned medical report- your claim will be refused.
- Late reporting: The claim must generally be made within 3 years of the accident.
- Low-velocity arguments: This is when the insurer claims the impact wasn't hard enough to cause injury.
- Suspicion of fronting or fraud: Fronting is a type of car insurance fraud which involves lying about who the main driver of the vehicle is on your insurance. It typically involves an older, more experienced driver insuring a vehicle in their name when the main driver is actually a younger, higher-risk driver.
- No evidence of liability: If you cannot provide evidence of liability, your whiplash claim may be refused. Make sure you have the names and addresses and phone numbers of any witnesses to the accident. You should also take photos of the accident scene, particularly the damage to your car, to use as evidence. Get copies of any police paperwork if a report was made on the accident.
Does claiming for whiplash affect your insurance?
Unfortunately, even a non-fault claim can lead to a premium increase at renewal. Insurers often view any claim as an indicator of higher risk, which can lead to higher premiums.
Even if you make a whiplash claim from a third party’s insurance provider rather than your own, you might find your premium goes up in the future.
While a non-fault claim typically protects your no claims bonus (NCB), you may lose your NCB if your provider can't recover all costs from the other party.
If you are deemed at fault or partially at fault, you will likely lose some or all of your NCB, which will make your premiums go up. Even if your NCB is protected, your insurance costs could still rise.
Visit our car insurance claims page for more general information on the claims process.
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