What To Do If A Whiplash Claim Is Refused
By Danielle Fletcher. Last Updated 16th November 2023. 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?
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
- Can A Whiplash Claim Be Refused?
- When Could You Make A Whiplash Claim?
- How Do You Prove You Suffered A Whiplash Injury?
- Whiplash Injury Claims Calculator
- Time Limits For Claiming For Whiplash
- Claiming For Whiplash With A No Win No Fee Lawyer
- Other Information
This section will answer important questions, like “can a whiplash claim be refused?” Any personal injury claim can be refused for many reasons. Ultimately, to claim for whiplash successfully, you need to prove your injuries and show that they were caused by negligence.
Firstly, when claiming for whiplash, it’s important that you’re able to highlight the extent of your injuries. As part of the claims process, an assessment with an independent medical professional will often be required. This is so the extent of your injuries can be assessed.
A medical report will be created. This report can highlight aspects such as your prognosis and whether you’ll experience any permanent symptoms. It can be vital evidence to have when claiming.
Your claim may also be refused if you’re unable to provide sufficient evidence of negligence. Potential evidence that can be used to show how negligence caused your injury includes CCTV footage, photographs of your injury and the accident site, and witness statements.
If you would like to discuss a potential whiplash claim further, please contact us for free using the details above. We can also inform you of your claim eligibility and provide you with a compensation estimate.
If you suffered a neck injury, you may like to know when you could make a personal injury claim. While using the roads, road users must navigate in a way that prevents injury and damage to themselves as well as others. This is their duty of care. To uphold this duty, road users must adhere to the Highway Code as well as the Road Traffic Act 1988.
If you are claiming for whiplash, you will need to prove that:
- You were owed a duty of care.
- This duty was breached.
- You suffered whiplash because of this breach.
Additionally, if you want to know how to make a whiplash claim, it’s important to note that your road traffic accident case might be impacted by the Whiplash Reform Programme, which we explain later in this guide.
Our advisors are available 24/7 to help you. They can discuss eligibility criteria and answer questions such as “Can a whiplash claim be refused?”. Get in touch using the details at the top of this page to learn more.
What Do The Whiplash Reforms Mean For Your Claim?
The Whiplash Reform Programme introduced changes to the way certain road traffic accident claims are made. As such, if you are an adult passenger or driver with whiplash or soft tissue injuries valued at less than £5,000, you will need to seek compensation in a different way. Also, any whiplash injuries you have sustained will be valued in accordance with the Whiplash Injury Regulations 2021 which outlines a fixed tariff.
However, if you have additional injuries that bring the total value of your claim over £5,000, you will claim via the traditional route. Also, any injuries not included in the whiplash tariff will be valued traditionally. However, any whiplash related injuries will be valued in accordance with the tariff still.
For more information on whether the reforms could affect the way you make your claim for whiplash, get in touch on the number above.
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.
Personal injury settlements could comprise two heads of claim, general and special damages. General damages compensate for the pain and suffering you experienced due to your injuries. Legal professionals can use the Judicial College Guidelines (JCG) to help them value this head of claim. This contains guideline compensation amounts for different injuries. We have included some of these in the table below. These should only be used as a guide.
However, the first two entries are taken from the tariff outlined in the Whiplash Injury Regulations 2021. These are fixed amounts.
|Neck Injuries||Severe (i)||Neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis. Little of no movement in the neck. Suffers headaches.||In the region of
|Neck Injuries||Severe (ii)||The claimant suffers considerably severe disability from serious fractures or damage to the discs in the cervical spine.||£65,740 to £130,930|
|Neck Injuries||Severe (iii)||The injured party suffers with a chronic condition or permanent significant disability from fractures, dislocations, severe soft tissue damage and/or ruptured tendons.||£45,470 to £55,990|
|Neck Injuries||Moderate (i)||Fractures or dislocations with severe immediate symptoms that may necessitate spinal fusion.||£24,990 to £38,490
|Shoulder Injuries||Severe||Involving damage to the brachial plexus resulting in significant injury.||£19,200 to £48,030|
|Shoulder Injuries||Moderate||Frozen shoulder with limited movement and discomfort with symptoms persisting for around 2 years.||£7,890 to £12,770|
|Whiplash||One or more whiplash injuries||Symptoms last for 18-24 months.||£4,215|
|Whiplash||One or more whiplash injuries with one or more minor psychological injuries||Symptoms last for 15-18 months.||£3,100|
Special damages could also be included in your whiplash claim payout. This head of claim compensates you for any financial losses or out-of-pocket expenses incurred as a result of your injuries.
Examples of special damages include:
- Prescription fees – You might require a prescription for medication to cope with the pain caused by your injuries.
- Loss of earnings – If you need time away from work as you recover from your injuries, your earning capacity could be affected.
- Medical care – You might need to pay for private medical treatment after being injured.
However, to claim for special damages, you will need evidence of any financial harm you have experienced. For example:
- Payslips can prove a loss of earnings
For any additional questions regarding the whiplash claim process, you can speak to our advisors at any time by calling the number at the top of the page.
The time limit to begin the whiplash claim process, as outlined in the Limitation Act 1980, is typically three years from the date of the road traffic accident. A whiplash injury claim, as with any other type of personal injury claim, may be denied if you don’t take action within the limitation period.
However, there are exceptions to the time limit, for example:
- Claimants who suffered whiplash when they were under the age of 18 cannot begin a claim until their 18th birthday. The three year time limit would then last until their 21st birthday. Alternatively, a parent or guardian could act as a litigation friend and claim on their behalf before this point.
- Anyone who lacks the mental capacity to claim could have a litigation friend to act on their behalf as long they act fairly and competently and do not have conflicting interests with the claimant. The limitation period is frozen indefinitely unless they recover.
Get in touch if you have any questions about the time limit for making a whiplash insurance claim. We can confirm if you are within the time limit to start a claim. If you are eligible to claim, we can put you in touch with a road traffic accident solicitor from our panel.
If you would like to make a claim for whiplash, one of the lawyers on our panel could work with you. They have experience with different types of claims, including those for injuries sustained in road traffic accidents. One of them may offer to support your claim under the terms of a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
When you are claiming for whiplash with the support of a No Win No Fee lawyer, they typically won’t ask for an upfront payment for their services. They don’t ask for ongoing payments either. Additionally, should your claim not succeed, your lawyer will not charge a fee for their services.
If your claim is a success, they will take a fee out of your compensation award. The percentage they can take as a success fee is capped by the law.
To learn more about car accident claims, get in touch with our advisors. If your claim is eligible, they may connect you to one of the road traffic accident lawyers on our panel. Our team is available with free advice 24/7.
To speak with an advisor:
- 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.
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.