Diagnosing whiplash is more [...]]]> The symptoms include pain and aching in the neck and back with possible extending pain through the shoulders as well as regular reportings of pins and needs in the arms. Headaches are also common. The symptoms can appear instantly following an accident but they are generally not felt for days afterward.

Diagnosing whiplash is more of a “what it isn’t” game than what it is. X-rays may be taken to check that bones have not been fractured or that other damage is not causing the pain described. If there are no other explanations and the pain was preceded by an action that could have injured the muscles in such a way — for example a rear-end collision in a car, a roller coaster ride or even from playing a sport — then “whiplash” is the term given to the cause of the pain.

The way in which your head flies during a car accident can cause such an injury hence its instant association [...]]]> First question: have I got whiplash? Well, whiplash is a term given to a range of injuries affecting the neck that have been caused by a distortion or extension of the muscles in the neck.

The way in which your head flies during a car accident can cause such an injury hence its instant association with that type of accident however road traffic accidents are not the only cause of whiplash.

A medical expert will need to examine you and confirm you have whiplash.

Second question: can I claim? Is less complicated. If someone else was the cause of your injury or you have an insurance policy in place to compensate you for such an injury – then yes, you can make a claim.

The third question of: how much will I get? Is often the first question asked. Damages awarded for whiplash do not vary greatly. However, the difference between a low grade whiplash injury and a severe case could be a difference between £1,000 and £1million. The main question to answer your question is: how long did recovery take?

Whiplash comes in four grades:

* Grade 0: no neck pain, stiffness, or any physical signs are noticed
* Grade 1: neck complaints of pain, stiffness or tenderness only but no physical signs are noted by the examining physician.
* Grade 2: neck complaints and the examining physician finds decreased range of motion and point tenderness in the neck.
* Grade 3: neck complaints plus neurological signs such as decreased deep tendon reflexes, weakness and sensory deficits.
* Grade 4: neck complaints and fracture or dislocation, or injury to the spinal cord.

With proper care, treatment for the lesser injuries could mean recovery in only a few days or at most a few weeks. Severe whiplash could be a life-long disability. Such an injury from a regular road accident is rare. The majority of claims that insurance pay out on are for amounts around the £1500 to £2500 mark.

One example are the 2011 allegations that 92% of 250 polled GPs said that they believed the injuries they were investigation were [...]]]> Whiplash compensation claims have received a lot of criticism in the press. Everything from the price of insurance to NHS waiting times seem to be heavily influenced by this “scourge” on British society.

One example are the 2011 allegations that 92% of 250 polled GPs said that they believed the injuries they were investigation were being exaggerated by the patient with whiplash injuries at the top of the list of most exaggerated.

This sounds unbelievable as you would expect that if something was being so blatantly abused then insurance companies would have done something to stop it. The problem with people that are claiming compensation for whiplash, is that the amounts being claimed for are less than the insurer mounting an investigation. Which cases should they investigate? Investigating them all would very likely cost them more money than simply paying every claim.

Surveillance and getting the claimant on video performing actions and activities they stated they could no longer perform, are a sure-fire way of ending a claim. Mounting surveillance on every whiplash compensation claim is a logistical nightmare and simply impractical which is why the problem has not been tackled so far.

However, dishonest claimants should not take comfort from this imbalance. Insurers do investigate thousands of claims each year and if you are caught exaggerating your injuries or simply making them up – you could be facing a bill for your own solicitor’s legal fees, the fees of the third party’s solicitors as well as court costs.
Failing to successfully commit insurance fraud can be more costly than you think. A family from Manchester tried all tried claiming whiplash injuries after a coach accident. Insurance investigators caught the fraud and the family were charged £73,000 by the lawyers and courts for the lengthy court battle which they had instigated under false pretences. Perjury charges were also brought for lying in court.

Another case cost the claimant’s side £40,000 after a judge dismissed the possibility that the man claiming for whiplash had received severe whiplash from a car accident that took place at 2 to 3 miles per hour.

If you are going to commit insurance fraud then at least make it plausible. But hopefully from these two examples you’ve accepted that you shouldn’t try in the first place.

If you do not [...]]]> 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.

Depending on which resource you use, the figures vary, but still tell a shocking tale.

Most articles will document the fraud levels such as the [...]]]> It has been reported that 430,000 people made a claim for whiplash in 2007 accounting for 75% of the UK’s motor insurance claims. What does this mean for insurance premiums?

Depending on which resource you use, the figures vary, but still tell a shocking tale.

Most articles will document the fraud levels such as the telegraph which reported in 2011 that £44 was being added to every premium due to the 30,000 staged crashes the year before, costing insurers £350million.

Some insurers are taking the initiative by targeting solicitors who they believe are knowingly involved in fraudulent whiplash claims. The Law Society Gazette reported in late 2010 that the Association of British Insurers (ABI) is convinced that solicitors are helping fraudsters going on to give figures that every year there is 1 whiplash claim for every 140 people in the UK.

Considering that legal costs paid to a solicitor running a whiplash injury claim can often equal and sometimes surpass the actual compensation paid to the injured person … this might not be a bad place to start a crack down. Though halting the onslaught of referral-fee-winning claims service providers is probably a better target.

Another way to stop whiplash at the source is to do more to protect passengers in the vehicles that get in to accidents. Many manufacturers have taken this very seriously though probably for their own reputations as safe cars rather than any mandate against rising British insurance costs.

Mercedes-Benz have their Active Head Restraint (AHR). Saab (who were responsible for the first active head restraint) as well as Opel, Ford, Nissan, Subaru, Hyundai and Peugeot have been using the SAHR Active Head restraint system. Volvo and Jaguar have a Whiplash Protection/Prevention System (WHIPS). Toyota have called theirs Whiplash Injury Lessening (WIL) systems.

The next move, therefore, is probably for insurers to use the safety records and data to impeach the claims of the people trying to get whiplash compensation for an accident in a car that should have prevented such an injury! It’s a shame, therefore, that the data seems unreliable with some independent studies saying they reduce neck injuries by 75% whilst others say they have no effect at all …

Car accident claims are pretty common all across the [...]]]> If you are claiming for whiplash then there are some things you should be aware of. In this article we will try and get an overview of what whiplash is and how you can claim for compensation in case you have been involved in a whiplash.

Car accident claims are pretty common all across the UK. There are so many cases recorded where the extent of injury can range from a mere body part pain to serious multiple part injuries.

The important thing for you to understand is that whiplash is also a kind of car accident where the injury is concentrated primarily in the neck region. This is the most common of all injuries as driving puts significant amount of pressure on the neck and any external force can increase the pressure and cause a major injury.

Claiming for whiplash is therefore something that many drivers in the UK do. However you should know that you can make the claim when your car has been hit and when you as the driver are not at fault. You cannot claim for whiplash injury if you happen to be the person because of whom the accident took place. It is therefore very important that you take all the necessary measures in analysing your case and then filing for compensation. If you happen to be the person who has been caused whiplash injury then you must first consult a doctor. Typical whiplash symptoms are pain in the neck, inability to move the neck, stiffness in the shoulders etc. Usually the injury causes a lot of pain to the neck area but if the injury is of a higher magnitude the shoulders as well as upper back could also become sore and painful.

After the doctor has confirmed your symptoms, the next step in claiming for whiplash is finding a good lawyer. You should know that you need a highly specialised lawyer for your case because it is an accident case and it involves establishing evidence in a manner that supports your case. Only an experienced lawyer can fully understand the scope of the case and can employ his resources to get the necessary paperwork in hand and see to it that the case moves forward. However it is just not about the experience of the lawyer but also about the kind of rapport you share with him that will help the case.

If you are in a position where you can have an open conversation with your lawyer it is an indication of the fact that you are very clear about his role as a lawyer. More often than not it so happens that the person who hires the lawyer assumes certain things which towards the end turn out to be against the person making the claim. For instance, when the topic is about the fees you have to take the first step in clarifying the breakup involved. There are lawyers who will say a figure upfront but later hand you a fat bill including hidden costs that you did not foresee.

One thing you should understand when it comes to claiming for whiplash is that the lawyer you hire is not entitled to any amount of the payout money due to you. Having this piece of information will help you talk to your lawyer about this before things get out of hand. Once you and your lawyer are on the same page about the expenses involved, the next step is to gather all the paperwork required to establish the credibility of your case. This is the job of the lawyer as he will be legally representing you, it is his duty to sign papers on your behalf and acquire documents that your case needs.

The lawyer should also be a part of the discussions that will take place between you and the third party, the person who is supposedly liable to pay the compensation to you. Most whiplash compensation claims are settled outside the court but there should be a legal representative from both sides who can oversee the proceedings and endorse the judgment. Claiming for whiplash is thus easy provided you have the right kind of legal assistance.