At The Injury Lawyers we tend to see whiplash most commonly from a road traffic accident – so, in this blog, I will be explaining the process of claiming for the same. Whiplash can be caused by a variety of accidents and not simply by a road traffic accident; so if this is the case with you, please see one of our other helpful blogs on that process – a good blog to take a look at is http://www.theinjurylawyers.co.uk/injury-lawyers-blog/2011/07/08/a-quick-guide-to-the-compensation-claiming-process/.
The Process…
If your road traffic accident occurred after 30th April 2010 and is below the value of £10,000 it goes through a new, faster, more streamlined system set up by the Ministry of Justice. This system is begun by completing a form called a Claim Notification Form. At The Injury Lawyers we take you through the form and assist you from start to finish in filling it in. Once this form has been signed by you, we can then send it off to the Defendant’s insurers.
All correspondence in this new system is sent electronically; therefore making the exchange of information much quicker. Once the CNF has been sent the insurers have to acknowledge receipt of it the following day. The insurers then have 15 business days from the CNF being sent to complete their investigations – an exception to this is the Motor Insurers Bureau who have 30 days to respond.
Within this time period the insurers should respond with a decision regarding liability. Liability basically means fault – so where the insurers admit liability, they are admitting fault and this is the first successful step taking you closer to the settlement of your claim.
Once liability has been admitted on your claim it can move from Stage 1 to Stage 2. In Stage 2 it is your solicitor’s job to gather medical evidence and collate your financial losses as a result of your accident. You will therefore be required to attend a medical appointment, which can be arranged at a time and place convenient for you.
When this information is gathered and you are ready to settle, it can be disclosed to the other side to invite offers. There may be a period of negotiation, but it is at this point which you should hope to get a fair offer and to settle the claim. Should you receive no offers or if the offers are too low for you to consider accepting, it is at this point your claim may move to Stage 3 and be issued to court.
In summary the system is designed to be fast and hassle free, making claiming for your whiplash injury and other injuries from road accidents simpler. If you require any further information regarding your whiplash claim then feel free to give us a call.
