MORE THAN Insurance Claims Guide – How To Claim Compensation For Whiplash Injury Claims Against MORE THAN Car Insurance?
Have you had the misfortune of being the victim of a whiplash injury? If so, once you have dealt with your injuries and the shock of the event, you may wish to explore the possibility of getting compensation if the accident was not your fault. In this guide, we will reveal everything you need to know about how to claim compensation for whiplash against MORE THAN car insurance if the driver at fault was insured by this insurance provider.
One thing you may wish to do if you’ve found yourself in this situation is to get in touch with Legal Expert. Handling these types of claims is our speciality. We have a great live chat feature on our website, the details of which can be found at the bottom of the page. Or, why not give us a call on our free legal helpline? You will speak to one of our advisors who will happily tell you whether you have a strong case or not. The number you need is 0800 073 8804. Before you give us a call, we recommend reading through the sections below to find out more about claims against MORE THAN car insurance.
Select A Section
- A Guide To Whiplash Claims Against MORE THAN Insurance
- What Is A Whiplash Injury?
- Should I Make An Insurance Claim For Whiplash Against My Policy?
- Insights Into Injury Claims Against Insurance Companies
- Could I Claim If Partially At Fault?
- What Should You Consider If An Insurance Company Makes You An Offer?
- When Should I Accept A Pre Medical Offer From An Insurance Company?
- Calculating Compensation For A Whiplash Injury
- Other Compensation You May Be Eligible To Claim
- No Win No Fee Whiplash Injury Claims Against A MORE THAN Insurance Policy
- Start Your Whiplash Claim
- Where To Learn More
Whiplash injuries can be seen as fairly common. Whilst they usually occur because of road accidents, they could happen as a consequence of many other incidents as well. Thankfully, in most instances, the injuries are minor and many people make a full recovery. Yet this might not always be the case and sometimes, whiplash injuries and their symptoms may drag on for months. Irrespective of how your whiplash injury occurred, and no matter how severe it may be, you may be interested in the possibility of making a car insurance claim for whiplash if the driver at fault was insured by MORE THAN.
It may be prudent for us to mention that a whiplash injury could happen in many different ways. From passenger accidents to incidents whereby you may have been driving a vehicle and someone else crashed into you, whiplash is certainly an injury that could be commonly associated with an accident on the road. However, when it comes to claims for whiplash injuries, it does not matter how the injury occurred. What matters is that you can answer yes to the following questions:
- Did the driver insured by MORE THAN owe you a duty of care? In most cases, this will be yes.
- Did the standard of their driving breach their duties of care?
- If yes, did you suffer an injury as a result?
- And lastly, did the incident happen within the last three years? This point will be discussed in more detail below.
These are the general requirements when it comes to making a claim for whiplash.
In this guide, the aim is to provide you with thorough information about how to claim compensation for whiplash against MORE THAN car insurance. This includes details on how to make a MORE THAN car insurance claim, as well as the different whiplash insurance claim settlements that people could receive for cases similar to yours. Should you have any queries about any of the information that is put forward in this guide, please do not hesitate to get in touch with us to find out more.
Whiplash may occur as a result of a road traffic accident. This is because a person’s head could jolt backwards and forwards when there is a sudden impact, straining or tearing the muscles and soft tissues in the neck. Some of the most common symptoms of this injury could include:
- Pain in the neck
- Pain in the arms or shoulders
Some people who suffer from whiplash may not experience such symptoms straight away. You may feel fine immediately after the accident, but after a day or two the symptoms mentioned could start to develop. This is why we would urge anyone who has been in a car accident to seek medical attention, even if you feel fine so that you could be provided with relevant advice from a medical professional.
If someone else was at fault for an accident that you received a whiplash injury in, you should make a claim against the other person’s insurance company, and not your own. If you are partially at fault, your own insurance company may pay for your claim, but we will cover this in a later section. Here, we take a look at why you may wish to claim compensation if you’ve suffered a whiplash injury in general.
You may be wondering whether or not you could be entitled to compensation for your whiplash injury, and whether you should proceed with making this type of MORE THAN car insurance claim. Generally, it may be a good idea to make a personal injury claim if the whiplash injury happened within the relevant time limit, if someone else caused the accident, and this was a person that owed you a duty of care. For example, another person driving on the road could owe you a duty of care, as they should drive safely and according to the rules of the Highway Code to ensure they do not endanger others.
If someone has been negligent, and this has caused you injury, we believe it may be appropriate for you to claim for your suffering and pain. As well as this, the accident may have caused you financial harm, because you may have required time away from work to recover, which may have cost you in lost income. You may also have had to pay for travel to medical appointments, and perhaps even physiotherapy to recover from your injuries. These costs could be covered within a claim so you would not be left out of pocket because of someone else’s negligent behaviour on the road.
When it comes to fitting the criteria to make a personal injury claim, there would be a time limit within which you would have to launch a claim. While in most cases, the claim should have been made within 3 years of the accident date, there could be incidents whereby cases have been brought after this time, as some exceptions to the time limit could apply. In addition to this, even if you are partially at fault, you may still be able to make a claim. However, your compensation payout would likely be reduced because of your involvement.
We would recommend that you give us a call, rather than dismissing your chances altogether if you are not sure whether you would meet the criteria for a whiplash insurance claim.
You may not have been aware of the fact that you do not have to use your insurance company’s solicitor to handle your claim, although they may try to persuade you to do so. The liable party’s insurer may also try to persuade you to take an offer of settlement without going through the claims process.
However, according to the Insurance Companies (Legal Expenses Insurance) Regulations 1990, you are entitled to choose your own solicitor and are under no obligation to use the solicitor that the insurance company offers you. In addition to this, what insurance companies might not want you to know is the fact that you could get 2-3 times more compensation if you refuse a pre-medical offer and use a solicitor for your claim.
The facts relating to this were produced in response to a Freedom of Information Request from the Financial Conduct Authority.
If you have been involved in a road traffic accident, and it was partly your fault, you may wish to consider the prospect of making a MORE THAN car insurance claim. This is because such claims could be settled with a split liability agreement. After all, an accident cannot always be blamed on one person. Sometimes numerous parties are to blame for what has occurred.
For instance, let us say you were driving along a busy road when another car pulls out of the road and hits the side of your vehicle. Now, if you were doing everything you should be, i.e. driving with proper care and observing the speed limit, the blame would likely be placed fully on the other driver. However, what about if you were speeding as well? If you were, this may have resulted in the other driver misjudging the amount of time that he or she had to turn out of the side road, and so the collision happened. In such a case, it may be determined that you were both to blame for what happened.
Nevertheless, it is important to make sure that you do not get a ‘knock for knock’ and 50:50 split liability agreement mixed up. When liability is agreed on a 50:50 basis, it means both parties accept 50 per cent of the blame, which means they will both receive 50 per cent of the claim value. Nevertheless, it is worth noting that most cases are not 50:50, as the percentage is up for negotiation, and so it may be something more like 60:40, for example. With a knock for knock agreement, each insurance company involved would pay the losses that their policyholder has sustained, irrespective of who is to blame for what has happened.
If an insurance company makes you an offer, it may be very tempting to accept it before giving it a lot of thought and consideration. However, it would be wise to take the time to mull over the decision and make sure the offer is right for you. Here are some of the things that you may wish to think about first:
- Remember, you would not have to accept any offer that has been made to you. The offer that is presented could be lower than what you would receive if you had gone to court or used a solicitor. This is why it may be advisable to look for legal help to aid you through the process.
- You should not feel like you are under pressure to make the decision quickly. From when the accident happened, you would normally have three years to make a claim. At the same time, we would not recommend leaving it until the very last minute, as this could cause you unnecessary stress.
- You would not be obliged to use a solicitor that the insurer offers to arrange for you. You could choose your own solicitor.
You may have heard of the term pre-medical offer, or pre-med offer before. A pre-med or pre-medical offer may be made by the defendant along with an admission of liability. This could be an offer for the claim to be settled in the very early stages before any medical assessment has even been sought. The reason an insurance company may do this is that they may want to save time and money. There could be a risk that you may end up settling for an offer that is lower than what you deserve if you accept a pre-med offer, however, and this is why we would advise you to speak to a legal professional before accepting.
Another point to mention regarding pre-med offers is that, by accepting such an offer, you would not be able to recover any other losses. This means you would not be able to claim for special damages like medical costs, travelling expenses, and loss of earnings. This is why some people may decide that it would be wiser for them to decline a pre-med offer. The decision, however, is entirely up to you.
How much does car insurance pay for whiplash? This is one of the questions that we could be asked when it comes to making a claim for a whiplash injury. After all, you might want to know how much compensation you could receive if you decide to go ahead with a MORE THAN car insurance claim.
When determining whiplash insurance claim settlements, there may be lots of different factors that would be taken into consideration. For example, the severity of the injury would be considered, as well as any symptoms you experienced. As well as this, your prognosis would be taken into account. How is the injury going to impact the rest of your life? This is an important question that could be assessed when it comes to a MORE THAN car insurance claim for whiplash.
To help you get a better understanding of how much compensation you may be entitled to, we have compiled a table using data from the Judicial College Guidelines. We have done this rather than providing a personal injury whiplash calculator. The table should help you to get a rough idea regarding the sort of payout that you may be able to receive if you do decide to go ahead with a claim. However, if you would like more information, why not contact our team so they could get a better understanding of your case and provide situation-specific advice.
|Type of Injury||Severity||Compensation Range||Details|
|Neck Injury||Minor (iii)||Up to £2,300||This compensation range is for soft tissue damage with full recovery within 3 months.|
|Neck Injury||Minor (ii)||£2,300 to £4,080||This compensation range is for soft tissue damage with full recovery within 1 year.|
|Neck Injury||Moderate (i)||£23,460 to £36,120||This compensation range is for fractures or dislocations that might need spinal fusion.|
|Neck Injury||Severe (iii)||£42,680 to £52,540||This compensation range is for dislocations, fractures and severe soft tissue damage which leads to severe conditions, extensive treatment and significant disability of a permanent nature.|
|Shoulder Injury||Minor (i)-(iii)||£2,300 to £7,410||This compensation range is for painful soft tissue damage to the shoulder where full recovery is made within in less than two years.|
|Shoulder Injury||Moderate (c)||£7,410 to £11,980||This compensation range is for soft tissue damage which takes over 2-years to recover from and also injuries like frozen shoulder.|
|Shoulder Injury||Serious (b)||£11,980 to £18,020||This compensation range is for shoulder dislocations or brachial plexus damage which results in movement loss with pain in the shoulder, neck and elbow.|
|Shoulder Injury||Severe (a)||£18,020 to £45,070||This compensation range is for brachial plexus damage which leads to significant disabilities.|
It could be prudent of us to let you know that when it comes to determining how much compensation you could receive for your MORE THAN car insurance claim for whiplash, several factors could be taken into account. Firstly, you could be compensated for your actual suffering due to your injury. Secondly, you could also receive compensation for out of pocket expenses. These could include costs you have encountered due to the injury, such as hospital parking, travel expenses, prescription costs, loss of income and such like.
The important thing to remember with recovering such costs is that you need to evidence expenses and losses with receipts, bills and invoices. Therefore, keep a record of everything.
That is one of the great things about Legal Expert – our solicitors only work on a No Win, No Fee basis. This could eliminate potential financial implications should your case not end with a compensation payout. Choosing a personal injury lawyer working on this basis could benefit you in another way, as you would not have to pay anything upfront to begin your MORE THAN car insurance claim for whiplash. In terms of how much money the personal injury solicitor would receive should the case be a success, this will typically be a small percentage of your compensation, which would be detailed in a Conditional Fee Agreement you would be required to sign prior to the lawyer taking on your case. This percentage is legally capped, so you do not need to worry about your lawyer taking all of your compensation as a success fee. If a lawyer doesn’t manage to obtain compensation for you but your claim was valid, then the success fee would not be payable and nor would you have to pay any of the fees your solicitor has incurred in pursuing your case.
Legal Expert was established several years ago, and we have successfully helped thousands of personal injury victims ever since. Some of them had suffered a whiplash injury and initially wanted to know how to claim compensation for whiplash against MORE THAN car insurance, just like you may have. We have the experience necessary to provide you with the guidance and support you may need. We also have a free helpline available, so you need not worry about spending money for a consultation merely to discover you may not have a case.
Our free helpline puts you in touch with one of our experienced and friendly advisors. They will answer all of your questions and if they believe you are likely to receive compensation, they could offer to match you to a quality No Win, No Fee personal injury solicitor who could handle your whiplash claim for you. The number to call is 0800 073 8804. Alternatively, you can use the live chat feature on our website to speak to one of our agents directly. We also provide you with the option to leave your details and we will contact you at a time that is convenient for you.
Whiplash Compensation Calculator – If you would like to get a better understanding of the sort of payout you may be entitled to, why not look at this guide that we have put together.
Whiplash With A Pre-Existing Medical Condition – If you already had a medical condition when you sustained whiplash, you may be wondering if you could make a MORE THAN car insurance claim. We have put together a guide to provide more information on this.
Proving A Whiplash Injury – In this guide that we have put together, we reveal everything you may need to know about how to prove that you have experienced a whiplash injury and, ultimately, strengthen your case.
Whiplash Treatment – This link takes you to the NHS website, where you will find plenty of information regarding the different treatment options that are available for whiplash.
Whiplash Injury Overview – You can use this link to find out more about whiplash as an injury, with information on the symptoms and how the injury happens.
Whiplash Claims Process – This is an insightful link that provides details from the UK Government regarding reforms that were put in place for the whiplash claims process in the UK.
Guide by Jeffries
Edited by Billing