How To Sue For Whiplash Injury Compensation

You can sue for whiplash injury compensation if another road user breached their duty of care and caused you to suffer an injury in a road traffic accident. The whiplash injury compensation claims eligibility criteria are as follows:

A road user owed you a duty of care
They breached this duty
You suffered whiplash or other injuries as a result of that breach

All road users owe each other a duty of care. This includes drivers, motorcyclists, cyclists and pedestrians. They are expected to use the roads in a safe and responsible manner, following the rules set out in the Road Traffic Act 1988 and The Highway Code. This duty is in place to prevent harm to road users.

Examples of how a road user can uphold their duty of care include:

Driving within the legal speed limit.
Paying attention to the road and avoiding distractions (such as using a mobile phone while driving).
Obeying traffic signals and pedestrian crossings.

If another road user fails to meet these responsibilities and causes an accident, you may be eligible to claim whiplash compensation.

Contact our team of advisors today for a free claim assessment and take the first step towards receiving the compensation you deserve.

Am I Able To Sue As A Passenger?

Yes, you are able to sue for whiplash as a passenger if you’ve been injured in a car accident.

Passenger whiplash claims are typically straightforward because passengers rarely bear any liability for an accident. You can claim against:

The driver of the vehicle you were in (if they were at fault)
Another road user involved in the accident

Contact our team today for tailored advice on how to sue for whiplash injury compensation as a passenger.

Can I Still Sue For Whiplash If I Wasn’t In A Vehicle?

You can still sue for whiplash injury compensation if you were a pedestrian, cyclist, or other road user injured in a road accident.

Whiplash can occur outside vehicles. For example, when cyclists are knocked from their bike, or when pedestrians are hit by vehicles.

Speak to our team now to explore your options for claiming whiplash compensation if you weren’t in a vehicle at the time of your accident.

The Whiplash Injury Regulations 2021

The Whiplash Injury Regulations 2021 were introduced under the Whiplash Reform Programme and brought significant changes to how some road traffic accident claims are handled in England and Wales.

If your case involves a lower-value whiplash injury, you may need to pursue your claim through a different avenue than the traditional process. This typically applies if all of the following criteria are met:

You were injured as a driver or passenger in a vehicle.
You were aged 18 or over at the time of the accident.
Your injuries are valued at £5,000 or less, including whiplash.

In these cases, whiplash compensation will be awarded according to a fixed tariff introduced by the regulations. The amount you can claim is based on how long your symptoms are expected to last and whether they include psychological harm.

If you’ve suffered additional injuries that fall outside of the tariff, such as brain damage or fractured bones, those injuries will be valued using traditional methods. However, if the combined value of all injuries is still under £5,000, your claim must follow the updated claims route. If your overall claim value exceeds £5,000, you may proceed via the traditional process, although the tariff will still apply to the whiplash element of your claim.

Need help understanding how to sue for whiplash injury compensation? Call our friendly team of advisors today for free guidance on your best route forward.

What Whiplash Compensation Can I Get?

Whiplash compensation can cover both the physical and psychological suffering caused by your injuries, as well as any related financial losses. In a personal injury claim, this is typically divided into general damages and special damages.

General damages compensate you for the physical and psychological suffering caused by your whiplash injury. When valuing general damages, the following factors are taken into account:

The severity and duration of your whiplash symptoms
Whether your injury caused any psychological distress, such as anxiety or depression
The impact on your daily life, including hobbies, work and personal relationships
The prognosis provided in your medical evidence

Whiplash injuries that meet certain criteria are valued using fixed tariffs set out in the Whiplash Injury Regulations 2021. The whiplash tariffs in the table are only concerned with drivers and passengers in vehicles. These tariffs do not apply to anyone outside of a vehicle. Therefore, if you are a pedestrian, cyclist, or motorcycle rider, thee tariff will not apply, and any injuries, including whiplash, will be valued in accordance with the Judicial College Guidelines (JCG).

In cases where your injury does not fall under the tariff system, or you have additional injuries that are not covered by it, your compensation may be valued using the JCG. These guidelines are used by legal professionals to calculate general damages.

The figures in the table below (except for the top figure) are based on a combination of the tariffs in the Whiplash Injury Regulations 2021 and the JCG. Please bear in mind though that because all road traffic accident claims are unique, none of these figures can be guaranteed for your claim.

Injury type	Severity	Compensation figures
Multiple serious injuries with special damages	Serious	Up to £250,000+
Neck	Moderate (b)(i)	£30,500 to £46,970
	Moderate (b)(ii)	£16,770 to £30,500
	Moderate (b)(iii)	£9,630 to £16,770
Whiplash with psychological damage	Lasting 18-24 months	£4,345
	Lasting 15-18 months	£3,700
Whiplash	Lasting 18-24 months	£4,215
	Lasting 15-18 months	£3,005

Can Any Other Damages Be Claimed For?

Yes, even if your whiplash compensation is awarded under the fixed tariff introduced by the Whiplash Injury Regulations 2021, you may still be entitled to claim special damages.

Special damages are an essential part of a personal injury claim because they compensate for the financial losses you’ve suffered as a direct result of your injury. These losses can have a significant impact on your quality of life and financial stability, especially if your whiplash symptoms affect your ability to work or require ongoing treatment.

Examples of special damages you could claim for include:

Loss of earnings, including future lost income if your ability to work is affected.
Travel expenses, such as transport costs to and from medical appointments.
Medical costs, including physiotherapy or private treatment.
Care and support, whether provided by a professional or a friend or family member.
Repair or replacement of damaged personal property, like glasses or clothing.

Providing evidence such as receipts, wage slips, and invoices will help strengthen your claim for special damages.

In some cases, you may also be able to request interim payments. These are partial payments made before your claim settles in full, helping you manage immediate financial pressures such as medical bills or essential living costs while your case is ongoing.

To find out how much compensation you could potentially be entitled to, speak with our advisors today for a free, personalised case assessment. We can help ensure all relevant damages are properly included in your claim.

How Long Do I Have To Claim For Whiplash?

In most cases, you have 3 years to start a whiplash injury claim, as set out in the Limitation Act 1980. This time limit usually begins from the date of the road traffic accident.

However, there are some exceptions to this rule, particularly where the injured party is under the age of 18 or lacks the mental capacity to make a claim on their own.

For children, the 3-year time limit does not begin until their 18th birthday. This means they have until they turn 21 to start a claim.
For adults who lack mental capacity, there is no time limit unless they later regain capacity.

In both cases, a trusted adult can act as a litigation friend to make a claim on the injured person’s behalf. A litigation friend is someone, such as a parent, relative, or legal guardian, who represents the claimant’s best interests throughout the legal process. This ensures that those unable to manage their own claim are still able to seek the compensation they deserve.

Contact our team of advisors today to ensure you’re within the claims time limit, or to learn more about how to sue for whiplash injury compensation as a litigation friend.

The Symptoms Of Whiplash To Look Out For

Common whiplash symptoms include:

Neck pain and stiffness.
Headaches.
Blurred vision.
Difficulty sleeping.
Pain in the shoulders or arms.
Difficulty moving the neck.

If you’ve noticed these symptoms after an accident, get medical attention and contact us to see whether you can start a personal injury claim.

How Can I Prove My Whiplash Injuries?

To make a successful whiplash injury claim, you’ll need to provide strong evidence that shows both the extent of your injuries and that negligence occurred. This means demonstrating that another party breached their duty of care and that this directly caused your whiplash.

Useful forms of evidence include:

A medical report confirming your whiplash diagnosis and prognosis.
Contact details from people who saw the accident take place. They can, at a later stage in the claims process, provide a witness statement.
Photographs of the accident scene and any visible injuries.
Dashcam or CCTV footage showing the incident.
Insurance and contact details of all drivers involved.
Accident reports, if police or emergency services attended.

Our panel of solicitors can help gather and organise this evidence on your behalf as part of their services. They will build the strongest possible case to support your claim and ensure that all key details are presented clearly during the claims process.

Don’t struggle with the evidence alone. Contact our advisors today to have your whiplash compensation claim assessed.

Will I Need To Attend A Medical For Whiplash Claims?

Yes, attending a medical examination is usually required to support a whiplash compensation claim. This medical evidence is crucial in valuing your claim accurately and supporting your case.

The medical assessment will:

Confirm the nature and extent of your injury
Estimate how long symptoms are likely to last
Help determine the appropriate compensation amount

If you are connected with a solicitor from our panel, they can arrange this medical appointment for you as part of their services.

Let us help you take care of the practical steps. Contact our team today.

What Can A Conditional Fee Agreement Help Me With?

A Conditional Fee Agreement (CFA), which is a specific type of No Win No Fee agreement, allows you to make a claim without paying fees upfront for your solicitor’s services. All of the solicitors on our panel offer a CFA to all of their clients.

Here are the main benefits of working with a No Win No Fee solicitor:

There are no upfront or ongoing solicitor fees.
There are no solicitor fees if your claim is unsuccessful.
If your case wins, your solicitor will just keep a small percentage of your compensation. This percentage is legally-capped, agreed upon before the claims process begins, and is called the ‘success fee’.

For guidance on how to sue for whiplash injury compensation with a No Win No Fee solicitor, please contact us today.

Why I Should Use How To Sue’s Panel Of Solicitors

Choosing the right legal support can make a significant difference to the success of your whiplash injury claim. At How To Sue, our panel of solicitors are highly experienced in handling whiplash compensation claims and have helped recover millions in compensation for clients nationwide. With decades of combined legal experience, our panel is well-equipped to handle everything from straightforward to complex claims, no matter where in the country you are based.

When you work with a solicitor from our panel, you’ll benefit from:

No Win No Fee representation.
Access to a network of specialists including rehabilitation experts, physiotherapists, psychologists, and occupational therapists.
Help collecting evidence and building a strong case.
Clear explanations of legal terms and guidance throughout the claims process.
Skilled negotiation of your settlement, always aiming for the maximum compensation.
Direct communication with insurers, third parties, and if necessary, the courts, on your behalf.
Support in applying for interim payments where urgent financial help is needed.

Our panel has taken on countless claims, and are committed to delivering excellent customer service every step of the way. Each solicitor is trained to the highest standards and brings specialist knowledge of personal injury law, especially in the area of whiplash claims.

If you’ve suffered a whiplash injury and want trusted support, our panel are here to help you pursue the compensation you deserve. Speak to our friendly advisors for a free consultation:

Call 0800 408 7827
Fill out our Contact Us page
Send a message in our live on-screen chat box

Frequently Asked Questions

What If I Suffer A Whiplash Injury Abroad?

if you suffer a whiplash injury in a road traffic accident abroad, involving a foreign vehicle, the claim may be handles via the Green Card System, which is operated by the Moto Insurers’ Bureau (MIB).

Can I Sue Against An Uninsured Driver?

Yes, you can still claim if you are injured by a fault of an uninsured driver through the Motor Insurers’ Bureau (MIB), which covers claims involving uninsured or untraceable drivers. Contact us for more information.

Am I Able To Sue If I Was Partially To Blame?

Yes, under split liability. A split liability claim is a type of personal injury claim where both parties share responsibility for the accident, and compensation is reduced in proportion to the injured party’s level of fault.

What Is A Knock For Knock Agreement?

It’s an arrangement between insurance companies to cover their own policyholders regardless of fault, though it doesn’t affect your right to claim compensation.

What Are The Treatment Options For Whiplash?

Treatment for whiplash can include physiotherapy, pain management, exercise programmes, and rest.

How Long Will A Whiplash Claim Take To Settle?

There is no set tome to how long whiplash injuries claims can take, as multiple factors play a part in this. Simple claims may settle in a few months. Complex claims involving disputes can take longer.

Will I Have To Go To Court?

Most whiplash claims settle out of court. You’ll only need to attend if the insurer disputes liability or compensation.

Can Whiplash Be Avoided?

Using proper headrests, driving carefully, and maintaining safe distances can help reduce the risk.

More Information

Explore more of our guides here:

How to sue against a hit and run driver.
How to sue a drunk driver.
How to sue for a concussion injury.

Useful external resources:

Gov.UK – statistics on road safety
Gov.UK – how to claim Statutory Sick Pay (SSP) from having time off work due to your injury
NHS – whiplash advice

If you’re still unsure about your next steps, speak to our team today for expert guidance on how to sue for whiplash injury compensation.

Advice On How To Sue For Whiplash Injury Compensation

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