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Claiming for injury compensation from road traffic accidents is dead easy; especially since a new system was introduced in April 2010 which made the process faster and less complicated. 

Nowadays you can get the other side to admit liability in 3 or so weeks and once that’s done it’s just a matter of getting medical evidence and settling your claim which doesn’t take that long either.

The first stage of the new process is to submit a Claim Notification Form.  This a simple form which just details what happened in your accident and names the people and vehicles involved.  It gets submitted online via the Ministry of Justice portal and the Defendant then has just 1 business day to acknowledge it and then a further 15 business days to admit or deny liability. 
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If I was given just a penny for each time I was asked how much someone’s whiplash claim was worth, I would be a very rich man!  (Well, almost!).  It is one of the most common, if not the most common, questions we get asked at The Injury Lawyers.

In the vast majority of whiplash claims we deal with, the innocent victim has been involved in a straightforward accident; say someone has driven into the back of their car, or hit them head on or pulled out of a side road into them.

These are claims where it should be easy to get an admission from the Defendant because it was clearly their fault and you would have thought that the amount of compensation people get will be similar.  Thing is, whiplash is a funny old injury that affects people in different ways, so the amount of compensation can differ a lot.
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At The Injury Lawyers, we are expert injury lawyers having successfully dealt with thousands of personal injury claims over the last few years.  As such we know that whiplash is one of, if not the most, common injuries to come out of a road traffic accident.  We also realise that although people have heard of whiplash, they are not entirely sure what whiplash is and whether they are suffering from it.  Here’s a little guide:

What is whiplash?

Whiplash is a soft tissue injury that affects your head, neck, shoulder, and back area.  It is where you strain the muscles and tendons in these parts.
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If you have been in a road traffic accident with an uninsured driver which was not your fault, you can be compensated for any injuries you have picked up.

Usually, it would be a matter of making a claim through the negligent drivers’ insurance company, but in this case the driver didn’t have insurance.  Not to worry, because back in 1946 the Motor Insurers’ Bureau was set up to deal with claims for compensation arising from the negligence of uninsured drivers.

In most cases it will be best to go through the Motor Insurers’ Bureau because the Defendant themselves is unlikely to be worth personally suing; in other words, they aren’t likely to have the money to pay your compensation.  They didn’t have insurance after all!  Each year, from everyone’s insurance premiums, about £15.00 to £30.00 is put in the Motor Insurers’ Bureau’s compensation fund so that the innocent victims of negligence can be compensated.  It would be unjust if because someone didn’t bother to get insurance and you were unable to be compensated as a result.
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I’m sure most of you reading this have gathered we are getting hit my the inevitable; I’ve always felt that after the incredible snow storms we weathered through in 2010 that it was only a matter of time we would see the worst of the seasons weather return.

The weather is dangerous – and accidents are likely.

Friday was when the midlands (or at least where I live!) was hit by the snow, and it laid very fast. I’d say there has been a good four or five settled inches which has largely survived the weekend of trampling footsteps and flattening car wheels. But waking up this morning to news of travel chaos and problems all across Britain’s travel infrastructure as planes are grounded at Heathrow, and motorists being urged to take extra care on the roads, is far too reminiscent of that insane November in 2010.
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Most people have heard of whiplash, but a lot of those people are not 100% sure what whiplash is.  Here’s a quick guide:

What is whiplash?

It’s a soft tissue injury to your head/neck/shoulder area.  What I mean by this is the damage caused by a strain to the muscles/tendons in those parts.
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Have you been injured when you were a passenger in a car or on a bus?  Good news – you have one of the best chances of a successful claim for compensation. 

Passenger injury claims are one of the easiest to assess because it is highly unlikely you were to blame for the accident.  Really, unless you pull the handbrake or were severely distracting the driver at the time of the accident, you cannot be at fault for the accident.  Say you were the passenger in a car when someone drives into the back of that car, how can you be at fault?  You can therefore be compensated for any injuries you get as a result.

Here are a couple of examples of good passenger claims.  You are on a bus which is involved in a crash, the crash is not your fault, you can seek compensation from whoever was at fault, e.g. the bus driver or the third party driver.  You pop out to the shops with a friend and someone drives into the rear of your friend’s car whilst you are waiting at traffic lights and you get whiplash, you can claim compensation for this whiplash.
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If you have been injured in a car crash because of someone else’s negligence, you will usually get your compensation from their car insurer.After all car insurance is there so that if things go wrong cars can be repaired and injured people can get compensation. 

But what happens if the negligent driver doesn’t have insurance?  Don’t worry!  You can still be compensated for your injuries. 

The difference is that you will be compensated by the Motor Insurers’ Bureau (MIB) instead of the negligent drivers’ insurance company.  Let me explain more…
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One of the more common questions we get asked is whether someone has a claim for compensation – in other words, are they likely to actually win the claim and receive some compensation. 

Naturally some claims are harder to assess than others, but probably the easiest claim to assess is a passenger injury claim. That’s where you have been involved in a car crash and you are either the passenger in the vehicle which has been hit by the Defendant or the passenger in the vehicle which caused the accident.

You have a great claim, because unless you did something highly unusual, like pull the handbrake or severely distract the driver, it is highly unlikely that you were at fault for the accident and therefore you can be compensated for any injuries suffered.
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OK – so you’ve had a road accident, and you’ve ended up with whiplash – that painful, stiff feeling, achy, sore-like injury that affects your neck, shoulders, and back in most cases. You’ve just joined the many millions before you that have suffered with the same injury, caused by the jolt to your head and neck area from an impact with another vehicle (or a harsh brake, or similar).

Given just how much whiplash is in the news, you probably didn’t even need a doctor to tell you that you’ve got it. The accident you were in was not your fault, and you now want to know what you can do when it comes to claiming compensation for one of the most under-estimated injuries I’ve personally ever heard of (and felt!); and one with a wrongfully bad air of press around it.

Well – here are the answers…
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