Can A Whiplash Claim Be Refused And Why?

By Cat Way. Last Updated 27th June 2024. If you’ve suffered whiplash symptoms from a car accident that wasn’t your fault, you may be entitled to claim for compensation. You might, however, have some questions about claiming, such as ‘can a whiplash claim be refused?’ and ‘what happens if a whiplash claim is denied?’ This guide aims to answer these questions and more.

When you make a claim for compensation, you might worry about what happens if your claim is denied.

While some whiplash claims could be relatively straightforward, others may not be. For instance, the defendant may dispute their liability. Or they may dispute the existence or severity of your injury. This guide aims to explain what happens if a whiplash claim is rejected. We’ll also look at what steps you may be able to take in response. The potential reasons why a whiplash claim may be rejected is something else we’ll explore in this guide.

We also discuss potential compensation amounts for a whiplash claim. We’ll also talk about how you may be able to claim for whiplash with a No Win No Fee solicitor. We also explain the benefits working with a No Win No Fee solicitor can bring.

If you would like further advice and support with a whiplash claim that has been refused, you can call our team for free advice at any time on 0800 073 8804. If you would like more detailed answers to questions such as “can a whiplash claim be refused?”, you may prefer to contact us online or through our Live Chat window now on your screen. We’d be happy to help you.

Select A Section

• What Is Compensation Claim For Whiplash?
• Can A Whiplash Claim Be Refused?
• How To Prove A Claim For A Whiplash Injury
• Whiplash Claim UK – Changes To The Whiplash Law
• Whiplash Claim Amounts
• Claim For A Whiplash Injury With Our No Win No Fee Lawyers
• Essential References

What Is Compensation Claim For Whiplash?

As per the NHS, whiplash is a neck injury that can occur after sudden head movement. It is most commonly associated with car accidents but can also occur after a slip and fall.

Common whiplash symptoms include neck pain and limitation of movement, although in more serious cases may include tingling or an “electric shock” feeling in the arms or legs. This could be an indication of more serious nerve damage. 

To be able to claim for whiplash following a road traffic accident, you will first need to prove that another road user breached their duty of care. All road users have a duty of care to use the roads in a responsible manner to avoid causing injury or damage. They must also adhere to the Road Traffic Act 1988 and the Highway Code.

To be able to make a claim for whiplash, you will need to prove:

• You were owed a duty of care.
• This duty was breached by another road user.
• This caused you to suffer injuries, such as whiplash.

Compensation for whiplash injuries is awarded as per the Whiplash Injury Regulations 2021, we’ll examine these further down the guide. 

For more further guidance on making a whiplash claim, talk to our advisors today.

Can A Whiplash Claim Be Refused?

In this section, we answer the question, “Can a whiplash claim be refused?” In some circumstances, yes it can. There are various reasons why this could happen, we have provided a few examples here:

• A lack of evidence: if you don’t provide enough evidence to show your whiplash injuries were the fault of a third party, you claim could be dismissed.
• Not meeting the eligibility criteria: Your accident will need to be the fault of a third party in order to claim compensation. If there is no fault, there is no claim.
• Claiming outside the limitation period: personal injury claims are subject to time limits. Attempting to claim outside of this will result in your claim being time-barred.

Time Limits In Personal Injury Claims

As we mentioned above, all personal injury claims need to be made within the relevant time limit. For personal injury claims, including those for whiplash, the time limit is 3 years from the accident date as set out by the Limitation Act 1980. 

However, certain exceptions can be made to the general limit in some circumstances. These include those who lack the mental capacity to claim and injured minors.

We want to highlight the importance of abiding by the time limits in personal injury claims. This is something our solicitors can ensure if you’re eligible to claim. Not adhering to the legal time limit or other court instructions could result in your being struck out. To learn more about when a whiplash claim could be refused, talk to our advisors today. They can also inform you of the time limit exceptions.

How To Prove A Claim For A Whiplash Injury

A whiplash claim can be refused if you lack sufficient evidence to establish that your injuries were sustained due to negligence. Therefore, it’s vital that you can prove that your injuries were caused by another road user breaching the duty of care they owed you. You can only claim for whiplash if you can back up your claim.

The list below contains some useful information on evidence you could acquire that may help support your claim. However, this is not a complete list. Get in touch if you’d like to know about additional examples.

• Video footage – CCTV surveillance or dashcam footage may have captured the incident that caused your injuries. For example, it may show that you were stationary at the time and a car crashed into the back of you. Generally, this would be a clear example of negligence on behalf of the other car.
• Photographs – The damage to your car as well as your physical injuries can be captured in photographs.
• Witness contact details – During the process of your claim, a solicitor can get in touch with those who saw your incident and ask them to submit a written statement.

If you have any questions regarding compensation for whiplash or other car accident claims, please contact our advisors today. Once we know more about your circumstances, we will be able to offer you more specific advice on making a claim for a whiplash injury.

Whiplash Claim UK – Changes To The Whiplash Law

The Whiplash Reform Programme implemented changes to the way in which certain road traffic accident claims are made. As per the changes, adult passengers and drivers with whiplash injuries valued at £5,000 or less need to claim in a different way. They will also have their whiplash injuries valued according to the Whiplash Injury Regulations 2021 which has a tariff of fixed amounts.

In some cases, it may not be necessary for to claim in this claim. For example, a person might sustain other injuries that bring the total value of the claim over £5,000. In this instance, they will claim the traditional way. However, the tariff will still apply to whiplash injuries. Any other injuries not included in the tariff will be valued in the traditional way.

To find out whether the whiplash reforms will have affect the way you make your claim, please get in touch using the number above.

Potential Whiplash Claim Settlement Amounts

You may have used our compensation calculator to help estimate how much your claim for a whiplash injury could be worth. However, as each claim is different, this may not have accounted for everything that could be included. For example, some claimants may recover special damages, which we look at shortly.

General Damages

When you ask, ‘can I claim for whiplash?’ you might be thinking of compensation for the pain and suffering caused by your injuries. This is called general damages.

In a claim for whiplash, the value of your injuries could come from a tariff amount found in the Whiplash Injury Regulations 2021 or the Judicial College Guidelines (JCG). The JCG is a document legal professionals use as guidance when valuing injuries. It contains a list of different injuries in varying severities alongside compensation brackets.

You may be wondering, ‘what can you claim for whiplash?’. The whiplash injury itself will be assigned a tariff amount if it’s valued below £5,000. However, other injuries you suffered will be assigned value with guidance from the JCG.

Our table below contains tariffs from the Injury Regulations and figures from the JCG. It is only to be used as a guide to how your injuries could be valued.

You may want to know, ‘can a whiplash claim be refused?’. Our advisors can discuss why claims might be refused. In addition, they can value your claim. This can help ensure that you are claiming using the correct method. Once you’ve received your whiplash compensation, your claim cannot be reopened, so having it valued accurately is important.

Whiplash In A Car Accident – Special Damages

If you suffered whiplash in a car accident, your claim may include special damages. Special damages could help you recover costs you incurred due to your whiplash injuries. However, you will need evidence to support special damages in a claim for whiplash, such as receipts, invoices, and wage slips.

Special damages may include:

• Medical expenses not covered by the NHS, such as prescription costs.
• Loss of earnings.
• Childcare costs if your whiplash injuries meant you had to hire childcare.
• Transportation costs.

This list is not exhaustive. Every claim for whiplash is different, therefore, what you might be able to claim under special damages will be different. Free advice on what could be included in your whiplash in a car accident claim is available from our advisors.

Claim For A Whiplash Injury With Our No Win No Fee Lawyers

The whiplash claims process can seem daunting, but one of our solicitors could help you. They can offer services such as helping you gather evidence to support your claim and accurately value your potential settlement. Additionally, they can offer you a kind of No Win No Fee contract known as a Conditional Fee Agreement (CFA). This means that they could help you claim for a whiplash injury without requiring any upfront fees for their services. Likewise, they usually won’t ask for any ongoing fees as your claim for a whiplash injury progresses.

The fee your solicitor will require under this kind of No Win No Fee arrangement is a success fee. This will be taken directly from your compensation award if you succeed, but there is a legislative cap in place to help ensure that you keep the majority of what you receive. However, if your claim doesn’t succeed, then you won’t pay this fee.

To learn more about how to claim for a whiplash injury and how one of our solicitors could help you, get in touch with our team today.

Claim For A Whiplash Injury – Speak To A Legal Expert Today

This guide has hopefully answered many questions you had about making a claim for a whiplash injury. If you want to know more about how claims for a whiplash injury work, you can speak to our advisors for free at a time that works for you.

You can contact us for free by:

• Calling us on 0800 073 8804
• Completing our online contact form
• Sending an email to info@legalexpert.co.uk

Sending us a message using the online chat bubble at the bottom of your screen

Essential References

• General Guidance On Whiplash Claims – Advice in this general guide includes what to say when claiming for whiplash, as well as what evidence may be needed for a successful claim.
• Whiplash With A Pre-Existing Condition – This guide offers guidance on claiming for whiplash if you have a pre-existing condition.
• Injured As A Passenger – Here, we include information relating to claims made by passengers who have been injured in road traffic accidents.
• Detailed Whiplash Information – This publication explains what a whiplash injury is in more detail.
• The Highway Code – Proving an accident was someone else’s fault sometimes involves the Highway Code. It can be found in full here.

Thank you for reading our guide on the question: can a whiplash claim be refused? We hope you’ve found it useful.