What Is The Minimum Speed For A Whiplash Claim?
By Stephen Hudson. Last Updated 11th August 2023. Have you suffered whiplash injuries in a road traffic accident due to another road user’s negligence? If so, you may be entitled to compensation. This guide will look at what the minimum speed for a whiplash claim is and how you could claim compensation.
A guide about the minimum speed for a whiplash claim
Whiplash can affect you physically, mentally, and financially. This can be confusing and stressful when you’re unsure who to turn to for help, but our friendly team of advisers are here to help.
You may have some questions about making a road traffic accident claim, such as:
- Can you claim whiplash under 10mph?
- What is a low-speed accident?
- Can I claim for minor whiplash?
- What is the definition of whiplash?
We will answer these questions throughout this guide and explain how you could be able to make a road traffic accident claim. Our excellent team of advisors are available to offer 24/7 free legal advice. They can also calculate the compensation figure you may be owed for your injuries.
If your claim is legitimate, you can be connected to a road traffic accident solicitor from our panel. They can then have a chat with you about No Win No Fee agreements and begin seeking the maximum amount of compensation you’re owed.
You can contact our friendly team of advisers by:
- Ringing them on 0800 073 8804 to discuss your options.
- Filling out our form online to request a call back at your earliest convenience.
- Chatting with an adviser straight away on our live chatbox for a response immediately.
Select A Section
- Is There A Minimum Speed For A Whiplash Claim?
- Why Is There No Minimum Speed For A Whiplash Claims?
- How Do The Whiplash Reforms Define Whiplash Injuries?
- How Do I Know If My Injury Is Worth More Than £5,000?
- Whiplash Claim Amounts
- Get Help With Road Traffic Accident Claims
Is There A Minimum Speed For A Whiplash Claim?
This guide will help define a whiplash injury and clarify in what instances you may be able to seek compensation. However, before we do that, it’s important to note that there isn’t a minimal speed limit for your vehicle in order to make a claim.
Why Is There No Minimum Speed For A Whiplash Claims?
The reason there isn’t a minimum speed for a whiplash claim is because the speed of your vehicle is not always a factor in getting a whiplash injury. This is because you could technically still get a whiplash injury even if your vehicle is completely stationery. Any collision can result in this type of injury meaning that, in some cases, only one vehicle will be moving.
Whiplash can occur due to a sudden impact of two vehicles. The driver or passenger’s neck can be thrown forward or back or suddenly twist, leading to the injury. As per the NHS, the symptoms can often take a few hours to start after the injury has been sustained.
Please read on to learn more about how the claims process works in relation to whiplash and the eligibility criteria to make a claim.
How Do The Whiplash Reforms Define Whiplash Injuries?
The Whiplash Reform Programme outlines that if your whiplash injuries are valued below £5,000, you can settle your claim online rather than making a personal injury claim.
A whiplash injury is a ligament or soft tissue injury to the back, shoulder, or neck. This includes tendon, muscle, or ligament damage (for example, strains, tears, sprains, or ruptures).
You can get in touch with our expert team of advisers at any time of day to discuss the minimum speed for a whiplash claim. If your case looks promising, you may be connected to a personal injury solicitor to potentially begin working on your claim.
Will The Whiplash Reform Programme Impact My Claim?
If your injuries are valued below £5,000, and the associated financial losses are below £10,000, you could make a claim through the Whiplash Reform Programme. Instead, your claim would be made through the online portal.
How Do I Know If My Injury Is Worth More Than £5,000?
One of the best ways of valuing your injuries is to access medical evidence.
It’s important to seek medical treatment after a car accident. You may not notice you have whiplash straight after the accident, as it can sometimes only arise around a week afterwards.
Furthermore, you may notice pain and stiffness in your neck that gets worse as the weeks go on. The sooner you visit a medical professional, the sooner you can receive your whiplash diagnosis and potentially make a road traffic accident claim.
Furthermore, you can receive a diagnosis for any other injuries sustained in the vehicle collision alongside whiplash. You may not even notice you’ve suffered these injuries until a medical practitioner assesses you.
What’s The Time Limit For A Whiplash Claim?
If you have strong grounds to make a whiplash claim, then you should be aware that there is a time limit for beginning this process. The Limitation Act 1980 establishes that there’s a three-year time limit for starting a claim for whiplash from a car crash or any other type of road traffic accident. This time limit usually starts from the date of the accident.
Under certain circumstances, the time limit can work differently. If a child suffers whiplash in a road traffic accident, then the time limit will not start until their 18th birthday. A claim could be made on the child’s behalf by a court-appointed litigation friend before this day arrives. However, if this does not occur, then the injured party will have three years to start their own claim from the day they turn 18.
If the injured party lacks the mental capacity to start their own whiplash claim, then the time limit is suspended indefinitely. A litigation friend could make a claim on behalf of this party. However, if this doesn’t happen, and the injured party later recovers this mental capacity, then the three-year time limit will start for them on the day of recovery.
If you have any questions regarding your eligibility to claim for a whiplash injury, please contact our team of advisors today for free.
Whiplash Claim Amounts
You may be wondering how much you can claim for your whiplash injury. Depending on how long you suffer from your symptoms, your whiplash claim amount can range from 4,215 to 4,345 if your symptoms last for between 18 and 24 months, as seen in the table below. The Whiplash Injury Regulations 2021 is the guide used to calculate compensation for whiplash injury claims worth below £5,000.
If you want to claim for a whiplash injury, seeking legal representation may improve your chances of success. Legal assistance can ensure that everything is calculated properly when claiming for whiplash.
The table below shows the most up-to-date compensation figures from the Regulations. It’s important to note that you would only need to claim through this method if the accident took place in England or Wales.
| Injury Duration | Amount – Regulation 2(1)(a): Total compensation for and loss of amenity, suffering and pain for one or more whiplash injuries | Amount – Regulation 2(1)(b): Total compensation for and loss of amenity, suffering and pain for one or more whiplash injuries and one or more psychological injuries (minor) endured on the same occasion |
|---|---|---|
| Not more than 3 months | £240 | £260 |
| More than 3 months, but not more than 6 months | £495 | £520 |
| More than 6 months, but not more than 9 months | £840 | £895 |
| More than 9 months, but not more than 12 months | £1,320 | £1,390 |
| More than 12 months, but not more than 15 months | £2,040 | £2,125 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345 |
It’s impossible to provide you with an average whiplash claim amount as every claim is different. Aspects that determine how much you could receive include the extent of the injury and whether the injury is long-term or permanent.
If you would like free legal advice to discuss your potential case, please contact us using the details above. We can answer any questions you have about the claims process, confirm your claim eligibility and connect you to a specialised solicitor.
Personal Injury Claims
We cannot provide the average whiplash settlement, as every claim is affected by different circumstances.
If you were injured in an accident and are suffering from symptoms of whiplash, we would recommend that you, if you have not already done so, seek out a medical assessment. A medical report can help a legal professional value your injuries so you know how you may need to claim.
If your overall cumulative injuries are valued at over £5,000, you could be eligible to make a claim outside of the Official Claims Portal.
In England & Wales, legal professionals use the Judicial College Guidelines to help value general damages. Here are examples that show how whiplash injuries could be valued in a personal injury claim.
| Injury: | Severity: | Notes: | Compensation: |
|---|---|---|---|
| Back Injuries | Severe (i) | Damage to the nerve roots and spinal cord resulting in significant consequences that are uncommon in back injuries. | £91,090 to £160,980 |
| Back Injuries | Moderate (i) | The lumbar vertebrae suffers a crush or compression fracture. This can result in recurring discomfort and pain and osteoarthritis. | £27,760 to £38,780 |
| Neck Injuries | Severe (i) | Paraplegia that’s incomplete and spastic quadriparesis that’s permanent. There’s barely any neck movement or none at all. | In the region of £148,330 |
| Neck Injuries | Moderate (i) | Dislocations and fractures result in severe symptoms that are immediate and may cause spinal fusion. | £24,990 to £38,490 |
| Other Arm Injuries | Severe Injuries | Amputation isn’t required but the arm is almost useless and not much better off than if it was lost. | £96,160 to £130,930 |
| Other Arm Injuries | Injuries Resulting in Permanent and Substantial Disablement | One or both arms are severely fractured. This results in residual disability that’s permanent, whether cosmetic or functional. | £39,170 to £59,860 |
| Shoulder Injuries | Severe | Linked to neck injuries and is usually alongside brachial plexus damage. | £19,200 to £48,030 |
If you would like to learn more about whiplash compensation then please reach out to one of our advisers.
Extra payouts for whiplash claims
Special damages offer compensation for the financial aspect of your life that the injury has affected. Examples of this could be if you paid out of pocket for nursing care or if you suffered a loss of earnings after taking time off work to recover from your injuries.
Other examples of what you could claim back in special damages could include:
- Medical expenses, such as prescription costs and treatments not covered by the NHS
- Travel costs, such as if you have had to pay for taxis to and from the hospital or public transport if your vehicle was too damaged to drive
- Property damage, such as anything broken or damaged in the car due to the accident
You could also potentially claim back future losses, if applicable. For example, if you would continue to need expensive medical treatment or prescriptions, you may be able to claim these future costs back as part of your claim.
Our team of advisors are available 24 hours a day to chat about your situation and discuss the minimum speed for a whiplash claim. If your claim is valid, they can connect you to a road traffic accident solicitor to chat about No Win No Fee agreements.
Get Help With Road Traffic Accident Claims
When claiming for whiplash, it may be beneficial to use legal assistance. A solicitor can explain exactly how to claim for whiplash and can give you an accurate estimation of your whiplash compensation in a successful claim.
Our legal advisors at Legal Expert can give you a free initial consultation to evaluate your chances of success. Our solicitors could also offer a No Win No Fee arrangement, which means that you do not pay for their work except when your whiplash compensation claim is successful. If your claim is successful, a small percentage of your compensation will go towards paying for the solicitor’s work. The percentage of your compensation that can go towards this purpose is capped by law to ensure that you retain most of your compensation.
You can get in touch with us using the following methods:
- Call on 0800 073 8804
- Chat with us in real-time using the chatbot feature on our website
- Fill out our online contact form and you will be contacted
Sources Relating To The Minimum Speed For A Whiplash Claim
Road Traffic Accident Solicitors – How to Make a No Win No Fee claim – Our article looks at No Win No Fee road traffic accident claims in more detail.
£2 million Compensation For A Serious Road Accident – You can find more information about making a compensation claim for a serious road traffic accident.
Different Types Of Road Traffic Accidents – Our guide explores the various types of vehicle collisions.
Head Injury and Concussion – You can learn more about head concussion and injury in this NHS article.
Broken Arm or Wrist – Have you suffered an arm or wrist fracture? If so, you can find important information in this NHS guide.
Advice After A Foot Fracture – This NHS guide offers advice if you’ve suffered a broken foot injury.
Motorcycle Passenger Accident Claims – Find out how you could claim as the passenger in a motorcycle accident caused by negligence.
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Thank you for reading our guide about the minimum speed for a whiplash claim.
Written by Naylor
Edited by Victorine
