If you've ever been in a prang and suffered whiplash injury, you'll know how painful and debilitating this condition can be.
The extent of whiplash, or soft tissue injury, is particularly tricky to assess, so working out how to compensate a victim can be a difficult for many insurers.
What is whiplash?
Whiplash is a neck injury caused by a sudden movement of the head forwards, backwards or sideways. The soft tissues in the neck become stretched or sprained.
Whiplash ranges from minor discomfort that can be managed with painkillers to an incredibly painful injury. While it can sometimes be a long-term problem, and limit daily activities, it usually clears up quite quickly.
Claiming for a whiplash injury
If you believe you have whiplash from a car accident, you'll need to get medical evidence that you've suffered an injury. And that includes meeting with an independent medical panel who'll assess you – even if it was some months ago.
Whiplash and your no claims discount
If you're claiming off someone else's insurance then your no claims discount won't be affected. But that doesn't necessarily mean your premium won't go up.
You can't claim off your own car insurance for injury you have caused to yourself, although your passenger could claim for their injury through your insurance.
Who's responsible for a whiplash claim if another driver hits you?
You'll need to a make a claim through your own insurer, and they'll contact the other driver's insurer.
Whiplash claim fraud
The Civil Liability Act 2018, Part 1 came into effect on 31 May 2021. The latest review of the Act says:
'The CLA introduced a fixed tariff system of compensation for whiplash to reflect a level proportionate with the pain and suffering incurred from such a minor injury. The CLA also brought in the need for compulsory medical evidence to support these claims.'
This legislation was aimed at cold-call claims management companies (CMCs), who encouraged people to make claims where they've not been injured, or the injury was so minor that it was easily treatable with pain relief.
Prior to the Act the Association of British Insurers stated whiplash claims amounted to more than £2 billion a year, which added £90 to the average annual car insurance premium.
Meanwhile the Department of Transport report of road casualties in 2017 noted:
- Data for the three years 2015 to 2017 showed half of respondents who had a road injury accident reported a whiplash injury.
- Over 671,000 people made a whiplash type claim in 2016–2017.
Yet while the Act has regulated genuine whiplash claims, claims for non-whiplash minor injuries now somewhat undermine the reductions achieved by the compensation tariff system.
Having our Defaqto Star rated car insurance means you're covered in an accident. Get in touch with us today for a quote.
Author: The AA. Published 4 April 2019. Updated 12 December 2024.
