Like any injury claim, there are plenty of rules and regulations that you need to be aware of. Firstly, there is a limitation period for which you can bring a compensation claim against the person that caused the injury. That period is currently three years from the date of the injury.

If you do not make a claim within this time (and by make a claim, that means you have to have brought proceedings to the court, not simply phoning a solicitor on the final day and making inquiries within three years) then you lose your right to pursue that third party for compensation.

Also, rushing the claiming procedure through is not advisable. Once you have agreed on a settlement figure, you cannot re-open the case should your estimated 4 week recovery take 8 weeks. Jumping on the first offer and/or before you recovery is complete could lead to you getting less than you deserve.

The result of your insurance claim (should your neck injury be the result of a road traffic accident) is sometimes important. If the third party is 100% liable for the accident and this has been agreed upon, then your claim for compensation for your whiplash injury is very likely to succeed as it will be paid by the third party’s insurers who have already accepted that their client was responsible. If you have been held 50% responsible for the accident (called 50/50 split liability by insurers) then you may struggle to get money from either you own insurer or the third party’s.

This is not the case if you are a passenger in a vehicle that is in an accident and you suffer from a neck injury as a result. Whether they driver of your vehicle or the third party’s vehicle is responsible has no bearing on your abilities to obtain compensation. If the third party is 100% responsible, you can claim against them. If the driver of the vehicle you were in is 100% liable, then you get compensated by his insurance policy. If there is a 50/50 split of liability then your solicitor will advise you of your options but you will get your compensation from somewhere.