Publications

How to Make Your Claim For Whiplash

• Lee
  –

Thankfully real-life car accidents are generally much less dramatic than the ones shown on TV. The results, however, can still be inconvenient, painful and financially difficult. Regardless of whether or not you feel any immediate pain at the time, it is strongly recommended that you act immediately to ensure that the accident is effectively recorded.

The reality of accidents

Just as most people are generally honest, most accidents are genuine and many of them have minimal impact. It’s still entirely possible that they can be resolved amicably by the parties concerned. Unfortunately, however, there are a small number of 'accidents' which are actually deliberately perpetrated by scammers and also a percentage of accidents, where the victim may want, or need, to pursue a compensation claim against an uncooperative driver. There is periodic media coverage regarding false or inflated compensation claims, often involving whiplash. This may deter people from making legitimate ones. The reality, however, is that the reason why whiplash is so often used in false claims is because it is such a common injury in car accidents. Symptoms often take some time to develop (6 to 12 hours is typical), which is one of the reasons why it is important to act effectively after an accident, even if you feel completely well.

How to be prepared

How many precautions you want to take will probably depend on your level of exposure to accidents. For example, people who drive extensively, particularly in aggressive environments such as cities or busy motorways, might want to think about installing a proper dashboard camera. Those with less exposure could take advantage of mobile phone apps to record footage from their dashboard if they need to go into particularly challenging situations. For other people even this might be more than is likely to be required, but ideally all drivers should have access to a camera and some means of taking notes, whether this is on a mobile or on old-fashioned pen and paper.

What you need to do

The first point to understand is that in the eyes of the law, car accidents are accidents involving cars. They include accidents where the other party was using a different form of transport (cyclists) or even when there was no other party as such (hitting a pothole and losing control). All car accidents must be reported to the police within 24 hours. Failure to do so will not only almost certainly invalid insurance and cause difficulties in any future whiplash claim but is also a criminal offence in itself. If at all possible, collect the other party’s contact details, but do not rely on them being honest. In addition to date, time and location, take a note of the car’s number plate and also note its model and colour. This will assist the police in tracing the vehicle and its owner if the number plates have been changed at any time. Also take as many photographs of the scene as you reasonably can and if you can’t take notes. In particular try to record lighting (both on the cards and in the area), weather conditions and any other hazards involved. Look for any marks on the road, which may have indicated that the driver was speeding and any signs of damage to the vehicles or the people involved.

Lee Kirton is the proprietor of Tylers Solicitors who deal a lot with whiplash claims and leads a team of dedicated lawyers to help bring compensation to the injured.

Kirton, L. 2014, How to Make Your Claim For Whiplash, Lee Kirton, Bury, Manchester.

Read more at www.tylers-solicitors.co.uk

Tags: Whiplash Claim, Whiplash Compensation,