What Is The Minimum Speed For A Whiplash Claim?
By Marianne Herondale. Last Updated 26th April 2022. 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.
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?
- What Can You Claim Under The Whiplash Reforms Tariff?
- Get Help With Road Traffic Accident Claims
The law doesn’t define a minimum speed allowance in order for you to make a whiplash claim. Although some guides refer to a 5mph speed limit, this isn’t set out in any law or legislation.
The reason there’s no minimum speed for whiplash claims is that whiplash can still happen no matter what speed the vehicle is moving. Whiplash occurs due to the impact when two vehicles collide. This impact can cause the neck of the driver or passenger to suddenly twist or be thrown backwards and forwards.
Therefore, the neck ligaments and soft tissue become stretched beyond natural means. This can still occur even if the crash happens at a low speed, as the crash can still result in your neck moving back and forth suddenly.
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.
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.
As part of the personal injury claims process, a solicitor would arrange for you to attend a medical assessment. An independent medical professional would check your injuries and create a report. The report should:
- Establish whether your injuries are consistent with those that such an accident could cause.
- Contain an assessment of the severity of the injuries.
Your solicitor would also use the report to help value your injuries.
Before you claim, you can contact our team of advisors for a free estimate or look at our compensation table below to calculate how much compensation you may be entitled to for your injuries. If you’re owed more than £5,000 and have a legitimate claim, one of our advisors can connect you to a personal injury solicitor from our panel to commence the claims process.
Even if you feel your injuries are only minor and may be worth £5,000 or less, you should get in touch with our team. They can provide an accurate estimate of how much your claim may be worth to help you understand the avenue you should take to claim.
The amount of compensation you could be owed is decided throughout the claims process. It cannot be known at the beginning of the process as the evidence and medical records haven’t yet been looked at properly.
In a claim where whiplash injuries are valued at £5,000 or less, the Whiplash Injury Regulations 2021 tariff will be referred to when calculating the compensation figure you’re owed.
The below table includes the latest tariff compensation figures. This shows how much compensation you could be awarded depending on factors such as how long you’ve suffered whiplash.
|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|
For more information on the whiplash reform tariff of injuries, get in touch with our advisors. They can offer you a free evaluation of your claim and provide free legal advice to help you understand the steps you need to take to seek compensation.
How Much Could I Claim For Non-Whiplash Injuries?
The below compensation table shows the figures in the Judicial College Guidelines (JCG). This is a publication that solicitors use when valuing injuries. We’ve used some figures from the JCG to show the compensation figure you may be entitled to for your injuries. However, it’s important to note that all claims are valued on an individual basis so the below figures aren’t guarantees.
|Mental Anguish||A fear of impending death.||A fear of impending death.||£4,380|
|Brain Damage||Very Severe Brain Damage||There’s a recovery of the eyes opening and the person can follow basic commands. However, there’s not much response to the environment and they need full-time care from a nurse.||£264,650 to £379,100|
|Brain Damage||Moderately Severe Brain Damage||A significant disability that makes you depend significantly on people around you. Paralysis of the limbs and impaired intellects.||£205,580 to £264,650|
|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.||£90,250 to £122,860|
|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.||£36,770 to £56,180|
|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 £139,210|
|Neck Injuries||Moderate (i)||Dislocations and fractures result in severe symptoms that are immediate and may cause spinal fusion.||£23,460 to £36,120|
|Back Injuries||Severe (i)||Damage to the nerve roots and spinal cord resulting in significant consequences that are uncommon in back injuries.||£85,470 to £151,070|
|Back Injuries||Moderate (i)||The lumbar vertebrae suffers a crush or compression fracture. This can result in recurring discomfort and pain and osteoarthritis.||£26,050 to £36,390|
|Shoulder Injuries||Severe||Linked to neck injuries and is usually alongside brachial plexus damage.||£18,020 to £45,070|
The bracket awarded depends on issues such as how severe your injury is and how long it takes to heal and treat. The compensation figure is often split into special damages and general damages.
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.
Our panel of road traffic accident solicitors would be happy to talk with you about working on a No Win No Fee basis. A No Win No Fee agreement, also called a Conditional Fee Agreement, is a contract between your solicitor and yourself. It states what conditions your solicitor must meet in order to be given payment.
If your claim is unsuccessful, you won’t be expected to pay your solicitor’s fee. If your claim succeeds, your solicitor would take a small, legally capped percentage of your compensation. They’d discuss this with you before you agree to use their services so there aren’t any surprises.
Our team of advisers are available 24 hours a day to chat with you in more depth about No Win No Fee agreements. They can answer any questions you might have and assess how much compensation you may be owed.
If your claim is valid, they can connect you to an experienced road traffic accident solicitor from our panel to discuss the minimum speed for a whiplash claim. They can then chat about working with you on a No Win No Fee basis and start seeking the appropriate compensation figure for your claim.
Our team of advisors can be reached via:
- A phone call on 0800 073 8804 where an adviser can offer you legal advice for free.
- Our instant chatbox where an adviser replies straight away.
- Our online form where you can request an adviser calls you back whenever you’re available.
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.
Thank you for reading our guide about the minimum speed for a whiplash claim.
Written by Naylor
Edited by Victorine