By Jo Anderson. Last Updated 8th January 2024. In this comprehensive whiplash compensation guide, we’ll talk about compensation for whiplash claims. How much compensation people can get for a whiplash claim can vary significantly. This guide is for those looking for information on claiming for whiplash or searching for a whiplash settlement calculator or whiplash payout scales. If you’re asking, ‘If I claim for whiplash compensation, how much will I get?’ this whiplash claim amount guide could help. We’ll be discussing when making whiplash claims may be possible. Plus, the process involved in claiming whiplash awards.
Should you have suffered whiplash, whether in a cycling accident or another traffic accident, you could be entitled to claim compensation for specific damages. This could include any loss of earnings you may incur due to having time off work. You may also be able to claim for any out of pocket expenses, amongst other things depending on your personal circumstances.
Having access to a whiplash compensation calculator allows you to get an idea of how much you could be compensated after having suffered a whiplash injury through no fault of your own. And our whiplash compensation calculator could explain what you’re likely entitled to. To find out more about our compensation guidelines for personal injury, and how to get a free consultation:
- Call today on 0800 073 8801
- Contact us online.
- Use Live Chat to get in touch.
Whiplash Compensation Claims Guide
Select A Section
- Can I Make a Whiplash Claim?
- Potential Causes Of Whiplash
- Time Limits For Claiming Compensation For A Whiplash Injury
- What Evidence Do You Need For Whiplash Claims?
- Calculating Compensation For Whiplash Claims
- Claiming For Whiplash With A No Win No Fee Solicitor
- Useful Links Relating to A Whiplash Claim And Whiplash Settlement Calculator
Can I Make a Whiplash Claim?
Before we discuss the whiplash payout scale or give you advice on using a whiplash calculator, we should first explain who could claim for suffering a whiplash injury.
To claim compensation, you would need to prove that another road user breached a duty of care towards you, causing you to suffer a whiplash injury.
Every road user owes a duty of care to use the roads in a responsible manner that avoids causing harm to others and themselves. They must refer to the Road Traffic Act 1988 and follow the rules and guidance of the Highway Code.
If someone on the road breaches this duty of care, and you suffer a whiplash injury as a result, you may be eligible to make a personal claim.
To find out how the Whiplash Reform Programme may affect your claim, continue reading this guide. Additionally, you can contact our advisors to receive free advice for your whiplash compensation claim.
Potential Causes Of Whiplash
Before we discuss the question of “How much do you get for whiplash in a personal injury claim?” let us explain how such injuries could be sustained. Some examples of accidents that could cause a whiplash injury could include:
- You are waiting at a red light, and the car behind you is distracted by their phone and fails to notice this, causing them to crash into the back of your vehicle. This causes you to suffer from whiplash.
- A taxi driver fails to check whether a junction is clear before quickly pulling out. They crash into the side of your car, and this causes you to suffer from whiplash and a broken arm.
- A driver is speeding. You have come to a stop at a zebra crossing as a pedestrian is using it. The speeding driver is unable to stop in time and crashes into the back of your car, causing you to suffer from whiplash and a back injury.
These are only a few examples. If you would like to check the eligibility of your case and receive a free valuation of your potential whiplash payout, you can contact one of our advisors. They can also help answer any questions you may have about using a whiplash calculator.
Compensation For A Whiplash Injury – Claim Time Limits
All personal injury claims are subject to a time limit. Under the Limitation Act 1980, you will typically be expected to start your claim within three years of the date of your accident.
The time limit is different in claims for minors. Their three-year time limit will only begin to apply when they turn 18. Before this, they will have the option to be represented in a claim by a litigation friend who can act on their behalf to help them claim compensation for their whiplash injury. The minor will also have the option to wait until they are 18 to start their claim by themselves. They must start their claim before their 21st birthday if they do so.
A similar exception is made for people who lack the mental capacity to start a claim. Their claims do not face time limits. An appointed litigation friend can help them seek compensation and start a claim at any point on their behalf. A time limit will only apply if they are ever deemed capable of representing themselves. They will have three years from this date to do so.
For more information on the time you may have to claim a whiplash insurance payout, or how much compensation for whiplash may be awarded, get in touch with our advisors at a time that suits you.
What Evidence Do You Need For Whiplash Claims?
If you’re eligible to make a whiplash claim, you will need to provide evidence to support your case.
There are lots of different types of evidence that could support your claim, including:
- A police report
- CCTV footage of the accident
- Photographs of the scene of the accident
- Photographs of your injuries
- Witness contact details
- Your medical notes detailing your injuries and any treatment you’ve needed
It would also be useful to keep any documentation relating to costs and losses you would like included in your payout for a whiplash injury. This could include, payslips showing loss of income, and bank statements, for example.
If you’re eligible to claim, a solicitor could help you gather evidence to support your claim.
Should you have further questions about evidencing a whiplash claim, please contact an advisor.
Calculating Compensation For Whiplash Claims
You may be wondering, ‘How much is compensation for whiplash worth?’. If you make a successful claim, you will receive general damages as part of your settlement. This compensates you for the pain and suffering you have endured due to your injury.
Your solicitor can value this head of claim by referring to the Judicial College Guidelines (JCG). This publication provides guideline compensation payouts for a range of injuries at different levels of severity. In the table below, we have used figures from the 16th edition of the JCG. However, this should only be used as a guide and the top entry has not been taken from the JCG.
We have also included figures from Whiplash Injury Regulations 2021, These are fixed amounts. We will discuss when the Whiplash Reform Programme may affect your claim later in this guide.
| Injury | Compensation | Severity |
|---|---|---|
| Multiple Severe Injuries Plus Special Damages | Up to £200,000+ | Combinations of injuries that result in significant pain and suffering and financial losses, such as a loss of earnings and medical expenses. |
| Neck | In the region of £148,330 | Severe (i) Incomplete paraplegia from an associated neck injury. |
| Neck | £65,740 to £130,930 | Severe (ii) Serious fractures or damage to the cervical spine discs. |
| Neck | £45,470 to £55,990 | Severe (iii) Fractures or dislocations, or ruptured tendons or severe soft tissue damage. |
| Neck | £24,990 to £38,490 | Moderate (i) Fractures or dislocations with severe and immediate symptoms where a spinal fusion might be required. |
| Neck | £13,740 to £24,990 | Moderate (ii) A wrenching-type or soft tissue injury and severe disc lesion resulting in serious limited movement, cervical spondylosis and other issues. |
| Back | £91,090 to £160,980 | Severe (i) Severe damage to spinal cord and nerve roots. |
| Back | £27,760 to £38,780 | Moderate (i) A damaged intervertebral disc with irritated nerve roots and reduced mobility. |
| Whiplash Tariff | £4,345 | One or multiple whiplash injuries with one or multiple minor psychological injuries with symptoms lasting between 18-24 months. |
| Whiplash Tariff | £4,215 | One or multiple whiplash injury with symptoms lasting between 18-24 months. |
You may also be eligible to claim special damages as part of your settlement. This compensates you for the financial losses you have suffered as a result of your injury. For example, you may be able to claim for:
- A loss of earnings.
- Medical costs.
- Travel expenses.
Providing evidence of these losses will help support your claim for special damages. For example, payslips, invoices and receipts could be used as evidence.
If you are still wondering, ‘How much for a whiplash claim in the UK could I receive?’ you can contact our advisory team today.
How Will The Whiplash Reforms Influence My Payout?
In 2021, the way in which some road traffic accident compensation claims are made changed. On May 31st, the Whiplash Reform Programme was introduced. Under this programme, if you are a driver or passenger of a vehicle and you are aged eighteen or over with injuries valued at £5,000 or less, then your claim must be made in a different way. Also, whiplash injuries will be in line with the tariffs set out by the Whiplash Injury Regulations 2021.
However, if you have additional injuries they will be valued in the traditional way. Also, should your whiplash injuries combined with any additional harm, take the total to above £5,000 you will make your personal injury claim in the traditional way. However, any whiplash injuries will still be valued in line with the tariff amounts in the Regulations 2021.
To find out what avenue you will need to pursue your whiplash claim, call our advisors now for a free case assessment.
Claiming For Whiplash With A No Win No Fee Solicitor
If you’re eligible to claim compensation for whiplash , you may wish to get a solicitor to help you with your case. Not only could a solicitor help gather evidence to support your claim, but they could also help negotiate a whiplash injury payout that reflects your pain and suffering.
If you’re eligible to make a personal injury claim, one of our solicitors may offer to work on your case under a Conditional Fee Agreement (CFA). Under a CFA, you would not typically pay your solicitor anything for their services upfront or during the process of your claim. You also won’t have to pay your solicitor for their work if your claim ends unsuccessfully.
Instead, your solicitor will deduct a small percentage of your whiplash claim compensation payout as a success fee. There is a legal cap in place for the percentage that this fee can be.
To check your eligibility to make a personal injury claim with one of our solicitors, or to ask any questions you may have regarding the claims process, you can contact our advisors:
- Call today on 0800 073 8801
- Contact us online.
- Use Live Chat to get in touch.
