What To Do If A Whiplash Claim Is Refused?

By Jo Jeffires. Last updated on 10th March 2022. Welcome to our guide which answers the question of ‘can a whiplash claim be refused?’ If you’ve been in a car accident that wasn’t your fault and suffered whiplash as a result, you may be wondering if you can make a personal injury compensation claim. Whiplash is a common injury sustained in road traffic accidents, so you’re not alone. However, what happens if a whiplash claim is refused? What should you do if a whiplash claim is refused or liability denied?

You may have some questions such as:

  • Can a whiplash claim be refused?
  • Do I get my settlement for a whiplash claim that’s refused?
  • What do I do if my whiplash claim is refused?

These are questions many people wonder about after suffering whiplash injuries in a car accident. It’s normal to worry if your whiplash claim is denied, so this guide is here to help. It will walk you through the steps of what to do if liability is denied for your neck injury.

Can A Whiplash Claim Be Refused? If So, Why?

Whiplash claim is refused Can a whiplash claim be refused?

What to do if a whiplash claim is refused

Whilst sometimes a whiplash claim is straightforward, sometimes it can be more complicated.

However, we have a panel of expert personal injury lawyers who can help give your whiplash claim the highest chance of success. If your whiplash claim is refused, the personal injury solicitors on our panel can walk you through the next steps.

Get In Touch With Our Team 

Our team of advisers are available 24/7 to offer free legal advice if your whiplash claim is refused. If you’re wanting to begin a personal injury claim for whiplash, an adviser can have a chat with you to learn more about your injuries. 

Once you’ve had a chat with our advisers about your claim, they can connect you with our panel of experienced personal injury lawyers who can discuss No Win No Fee agreements with you. They can also help with what to do if your whiplash claim is refused.

To contact our team of advisers, we suggest you:

  • Give them a call on 020 3870 4868
  • Start your claim online. An adviser will get back to you at your earliest convenience.
  • Chat with an adviser through our live chat pop-up box for an instant reply.

Services And Information

  1. Everything You Need To Know About What To Do If A Whiplash Claim Is Refused
  2. What Is Whiplash?
  3. How Do You Prove You Suffered A Whiplash Injury?
  4. What Do Changes To The Whiplash Law Mean For Your Claim?
  5. Limits To Soft Tissue Injury Claims
  6. When Could A Whiplash Claim Be Refused?
  7. How Much Time Do You Have To Claim For Whiplash?
  8. I Suffered A Whiplash Injury, What Should I Do?
  9. Do You Handle Whiplash Injury Claims On A No Win No Fee Basis?
  10. Other Information
  11. FAQs About Whiplash Injury Claims

Everything You Need To Know About What To Do If A Whiplash Claim Is Refused

Have you suffered a neck or spinal injury, such as whiplash, and are wondering what to do if your whiplash claim is refused? Are you wondering what the next steps are if the liable party denies your claim? Or are you just starting the personal injury claim journey for a muscle injury? 

This guide will talk you through exactly what to do if a whiplash claim is refused, or if you’d like to begin a personal injury claim for whiplash. It will explain exactly what whiplash is and how you can prove you’ve suffered a whiplash injury. There have also been changes in the law surrounding whiplash injuries, which the article will discuss.

Moreover, this guide will explore the limits to soft tissue injury claims so you’re fully aware. There is also our alternative to a personal injury claims calculator to help give you an idea of the possible compensation amounts awarded for whiplash claims. If you’re wondering when a whiplash claim could be refused, there is a section exploring this, as well as the personal injury claims time limit.

Remember, if you have any questions, please get in touch.

What Is Whiplash?

Whiplash tends to happen after a road traffic accident and can have a debilitating impact. If you suffer whiplash, some common symptoms you may experience are:

  • Neck stiffness
  • Difficulty moving your head
  • Neck pain
  • Headaches 
  • Muscle spasms and pain in your arms and shoulders

If you do suffer whiplash, some things you can do to help relieve the pain are:

  • Take painkillers, such as paracetamol
  • Try to continue with everyday activities, as this may help with your recovery time

Seeking medical advice

However, you should see a GP or call 111 if:

  • Paracetamol and ibuprofen don’t help the pain
  • Your arms and legs feel weak
  • You struggle to sit upright or walk
  • There is an ‘electric shock’ sensation in your neck, back, arms, and legs
  • You experience tingling throughout your body

When you visit your GP for treatment, they may:

  • Prescribe stronger painkillers, such as codeine
  • Refer you to a physiotherapist if your symptoms don’t improve

Please note that it’s important to provide evidence of your whiplash injury, as this means your claim can be less likely to be denied.

How Do You Prove You Suffered A Whiplash Injury?

You’ll need to gather as much evidence as possible in order to give yourself the greatest chance of success. If you cannot prove that you have a whiplash injury caused by the negligence of another road user, then it’s unlikely that you’ll be able to claim compensation.

Some good examples of evidence you can acquire are:

  • Photographs – these could be pictures of any physical injuries that have been sustained in tandem with your whiplash. For example, any bruises or cuts. Taking pictures of the scene of the accident can also be a useful thing to do. If you’re incapable of this at the time, then you may be able to have someone to help you once you have received medical attention.
  • Medical Reports – these will be generated by your visits to A&E, physiotherapy appointments, etc.
  • CCTV Footage – your accident could have been captured by CCTV. If so, you have a legal right to request the footage. Dashcam footage is a good alternative to this, if available.

If your whiplash claim is refused, then it could be because of a lack of sufficient evidence due to lost medical records, for example. Therefore, this is a very important step. If you need additional information or guidance regarding the evidence you can submit, get in touch today.

What Do Changes To The Whiplash Law Mean For Your Claim?

The Civil Liability Act is coming into force on 31st May 2021. This legislation states that all whiplash claims will need a medical report to prove the severity of the whiplash injury so that people don’t exaggerate minor injuries. Apparently, this is because whiplash personal injury claims are costing insurance companies too much money.

However, this means that people with genuine injuries who didn’t report to a medical professional could struggle to receive the compensation they deserve. If you don’t have a medical report to use as evidence, the new law states your personal injury claim will not succeed and you won’t receive any compensation. 

Additionally, this new law increases the small claims limit for whiplash/soft tissue injuries from £1,000 to £5,000. This means claimants will not be given legal costs for claims below £5,000, which prevents claimants from seeking advice from a personal injury lawyer. 

Whiplash Reform Programme Statistics

The vast majority of claims made due to injuries on the road are whiplash-related. Statistics from the Whiplash Reform Programme (WRP) back this up. Before the coronavirus pandemic, there were over 650,000 claims a year made for motor injuries in the UK. Of these claims,  around 85% were for whiplash claims.

It was because of this large number of claims being made for whiplash that the WRP was introduced. It is a government portal that was designed to streamline the process of making a claim for any minor injury sustained in a road traffic accident worth £5,000 or lower.

Whiplash claim is refused statistics graph

Whiplash claim is refused statistics graph

Limits To Soft Tissue Injury Claims

As discussed above, if your claim is worth less than £5,000, you’d have to make a claim through the Government Portal. However, this, unfortunately, means you could receive less compensation than before.

Solicitor’s fees not being recoverable under £5,000 is likely to derail some people from seeking legal representation for small claims. Although the Government Portal allows people to claim for whiplash without legal representation, not everyone has access to the internet.

This could leave groups of people, such as the elderly, unable to make a personal injury claim. People may also have to fund medical reports and court fees themselves, which isn’t possible for many. It will be difficult for people suffering from whiplash to claim without a personal injury solicitor, so people may now be less likely to make a claim.

Whiplash Injury Claims Calculator

We’ve chosen not to include a personal injury claims calculator here as we don’t want to mislead you with figures that may not be accurate. Each whiplash personal injury claim is unique, so not everyone will receive the same compensation amounts. 

However, we have compiled a table of figures taken from the Judicial College Guidelines to convey the brackets of compensation for injuries that are often awarded. This table is for example purposes only and figures may vary.

Injury:Severity:Notes:Compensation:
Mental AnguishSevereFear of impending death. £4,380
Neck InjuriesSevereNeck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. Little of no movement in the neck. Suffers headaches.In the region of £139,210
Neck InjuriesModerateFractures or dislocations with severe immediate symptoms that may necessitate spinal fusion. £23,460 to £36,120
Back InjuriesSevereThe most severe back injuries causing damage to the spinal cord and nerve roots. £85,470 to £151,070
Back InjuriesModerateCompression/crush fracture of the lumbar vertebrae with substantial risk of Osteoarthritis and severe pain and discomfort. £26,050 to £36,390
Psychiatric Damage GenerallySevereInability to cope with life, work, and education. Relationships negatively impacted. £51,460 to £108,620
Psychiatric Damage GenerallyModerateSimilar to above but with marked improvement and positive prognosis£5,500 to £17,900
Shoulder InjuriesSevereInvolving damage to the brachial plexus resulting in significant injury.£18,020 to £45,070
Shoulder InjuriesModerateFrozen shoulder with limited movement and discomfort with symptoms persisting for around 2 years.£7,410 to £11,980
Post-Traumatic Stress DisorderSeverePermanent effects which prevent the person from working or functioning at pre-trauma level.£56,180 to £94,470
Post-Traumatic Stress DisorderModeratePerson has largely recovered and any lasting effects are not significantly disabling. £7,680 to £21,730

General damages (like those in the table above) compensate for the injury itself and the physical and mental effects it has had on you.

Special damages compensate for the financial impact the injury has had on your life, for example, loss of earnings due to taking sick leave from work. You must provide evidence to recover special damages, such as bus tickets to prove you travelled to and from medical appointments. 

You can contact our team of advisers online or via telephone to discuss general damages and special damages in more detail. They can then connect you with our panel of car accident solicitors who can explore how to gather as much evidence for your claim as possible. 

When Could A Whiplash Claim Be Refused?

One of the main factors contributing to a whiplash claim being refused is the lack of evidence. This could be a lack of evidence that the car accident wasn’t your fault or insufficient evidence of your injuries.

If you fail to provide sufficient proof, the insurer could think you’re exaggerating your injuries or making them up. This is why a medical report is important as it can prove that an independent and professional practitioner has assessed the severity of your injuries. You can also show pictures of your injuries (if they are visible).

You could use CCTV footage, pictures, or witness statements to prove that the accident wasn’t your fault. This can also prove that you didn’t stage the incident to gain compensation, so your claim is more likely to be accepted. 

Our team of friendly advisers would be happy to discuss with you when a whiplash claim can be refused. We also have a panel of expert personal injury lawyers with who an adviser can connect you. They can then discuss filing your personal injury claim to help you receive compensation.

How Much Time Do You Have To Claim For Whiplash?

The personal injury claims time limit is generally three years. That’s three years from when the accident takes place or three years from when you discover that your injuries were caused by someone else’s negligence.

If you are under 18, a friend/family member can act as a litigation friend to pursue the claim for you. Otherwise, the three-year time limit begins on your 18th birthday. Similarly, if you are mentally incapacitated, the three-year time limit begins from your recovery.

On the other hand, someone you trust can become a litigation friend to start the claim on your behalf.

The three-year personal injury claims time limit is strict, so we suggest you commence your claim as soon as possible. Our team of advisers can discuss your situation and offer free legal advice about making a personal injury claim. They can then connect you with our panel of expert personal injury lawyers who can discuss No Win No Fee agreements with you.

I Suffered A Whiplash Injury, What Should I Do?

If you have suffered a whiplash injury, the first thing you should do is seek help from a medical professional. This is imperative to ensure you get the right treatment for your injury, as well as ensuring the recovery time is sped up and you can get back to your everyday tasks. 

Moreover, seeking medical advice is helpful for your personal injury claim as you can obtain medical evidence. Essentially, it proves you’re telling the truth about your injuries. 

Additionally, you should ensure you collect as much further evidence as you can to prove the road traffic accident wasn’t your fault. This evidence could be pictures of the vehicles at the scene of the accident, CCTV footage, or witness statements. 

Finally, you should contact a specialist solicitor to give your whiplash injury claim the highest chance of success. Pursuing a personal injury claim can be difficult, especially with the new Civil Liability Act being introduced. We recommend that you contact our team of advisers today so they can chat with you about your case. 

Our team of advisers would be happy to chat with you and learn more about your injuries and situation. Once they know more about you, they can connect you with our panel of experienced personal injury lawyers to discuss No Win No Fee agreements with you. 

Do You Handle Whiplash Injury Claims On A No Win No Fee Basis? 

Yes! When you have a chat with someone from our team of advisers, they can get to know more about your case and offer free legal advice. Next, they can connect you with our expert panel of personal injury solicitors who can discuss No Win No Fee agreements with you.

No Win No Fee agreements are popular among claimants as there is little to lose. If your case fails, you don’t have to pay any of the fees your solicitor has worked for. If your case succeeds, your solicitor will deduct a small, legally capped percentage (success fee) from your compensation to cover their costs.

This percentage solicitors take will be discussed beforehand and is to pay your solicitor for their hard work. There is little to lose, so why wait? Get in touch with our team of advisers today to begin the personal injury claims process and fight to receive the compensation you deserve.

We recommend you get in touch with us by:

  • Calling us on 020 3870 4868. One of our advisers will be happy to offer you 24/7 free legal advice before connecting you with our panel of personal injury lawyers.
  • Starting your claim online. An adviser will respond at your preferred time.
  • Chatting to an adviser through our live chat pop-up box for an instant reply. This can help get your personal injury claims process started today.

Other Information

What Happens If I Am Hit By An Uninsured Driver? –  Have you suffered a car accident and been hit by an uninsured driver? Our guide explores how to handle a personal injury claim against an uninsured driver.

Pedestrian Hit By A Car At A Junction –  If you are a pedestrian who has been hit by a car at a junction, our article discusses how you can make a personal injury claim to receive compensation.

How Long Do You Have To Report A Car Accident? – Our guide tells you the exact time limits you have to report a car accident and how to make a personal injury claim.

How do I know if I’ve Broken a Bone?: If you suspect you may have a broken bone injury, this NHS guide explains the signs and treatments of a broken bone,

Road Traffic Act 1988: This legislation states all the rules and regulations for road users.

Osteoarthritis: If you have suffered a sprain or strain injury, this NHS article conveys the symptoms, causes, diagnosis, treatment, and prevention of osteoarthritis.

FAQs About Whiplash Injury Claims

What happens if you lose a whiplash claim?

If you lose a whiplash claim, you will not receive any compensation for your injuries. To give your whiplash personal injury claim a higher chance of success, you can provide evidence to prove the severity of your injuries. This could be a medical record to prove you have a diagnosis.

Do I need to go to the doctors to claim whiplash?

As of the new Civil Liability Act, you must provide a medical report in order to claim for whiplash with a personal injury lawyer. Attending your local GP or A&E for your whiplash injury can give your personal injury claim a better chance of succeeding as you can collect evidence through medical records to prove your diagnosis.

Can you still claim whiplash in UK?

Yes. Get in touch with our team for free legal advice on whether or not you would be able to use our services or have to direct your claim through the Government Portal.

Is it worth suing for whiplash?

Yes. If you have suffered a whiplash injury due to someone else’s negligence, it’s worth making a personal injury claim to receive the compensation you’re owed. You can contact our team of advisers for 24/7 free legal advice via telephone or online to chat about your injury and situation. They can then connect you with our expert panel of personal injury lawyers who can discuss No Win No Fee agreements and compensation figures with you.

Can a whiplash claim be refused if I have no medical evidence?

Yes, according to the Whiplash Claims Reforms, it is no longer possible to settle a claim without medical evidence of injury.

Can a whiplash claim be refused if I was driving dangerously?

Get in touch with our advisors for more information on claiming compensation if you were driving dangerously.

Can a whiplash claim be refused from a hit and run accident?

When you make a claim for an accident involving an uninsured or untraceable driver, you could do so through the Motor Insurers’ Bureau. While they do work on compensation victims of injury caused by untraceable and uninsured drivers, they may not accept all claims.

If you want to know if you could claim compensation from the Motor Insurers’ Bureau, please call us. We could check your claim.

How long do whiplash claims take through the MIB?

Generally, the MIB attempt to settle claims relatively swiftly. They state that they try to decide within 3 months on whether a compensation payout should be made. When it comes to low value personal injury claims from road traffic accidents, they try to decide on cases submitted within just 6 weeks.

How long does it take to get compensation after a decision by the MIB?

Usually, when claims are accepted, compensation will be paid out relatively quickly. If you wish to speak to our team about how long a claim could take, please don’t hesitate to contact us.

Thank you for reading our guide on what to do if your whiplash claim is refused. Now you have information to answer the question of ‘can a whiplash claim be refused?’ you might be ready to claim. If so, please call our team. We would be happy to help you.