Law & Legal & Attorney Accidents & personal injury Law

Can a Car Passenger Make a Whiplash Claim?

Road traffic accidents are one of the common causes of whiplash. If you have suffered a whiplash injury due to someone else's negligence or fault, you are entitled to make a whiplash claim.

Car accidents are cased by human error. As a passenger you are entitled to make a claim against the driver at fault of the accident, if the accident occurred within the last 3 year's.

Passengers who are involved in car accidents are legally in a strong position to make a whiplash claim. Unless you were in some way responsible for causing the car accident then you will be regarded as the innocent party.

The driver of the car you were travelling in has a duty of care to drive responsibly; the same applies to other motorists. If this duty is breached and you suffer a whiplash injury through no fault of your own, you are entitled to make a whiplash compensation claim.

The claim can be made against the main driver or the third party involved.

How to make a whiplash claim

If you have suffered a whiplash injury it is important that you have received medical attention from your GP and or any other medical establishment.

You should then seek the legal advice and guidance from a specialist personal injury solicitor that offers a no win no fee service.

No win no fee entitled you can make a claim for compensation with the peace of mind of not having to pay a single penny for any legal representation, win or lose. If your case is successful, your solicitor will recover all of their costs from the driver's or third parties insurers and you will receive 100% of your compensation.

To make increase the chances of your claim being accepted, you should gather as much evidence as you can to support the liability of the driver or third party is responsible for your injury.

Here are a few examples of the evidence you should look to provide your solicitor with when making a whiplash claim for compensation:
  • Independent witness statements
  • Photographic of the damage to the vehicle you were travelling in.
  • Medical documentation
  • Receipts or payslips of any financial losses you have suffered.

How much compensation could I receive for my whiplash injury?

Your solicitor will access the compensation that are entitled to based on the ‘general damages' and ‘special damages' you have suffered.

‘General damages' is the term that is used to describe the compensation that you are entitled to for the pain and suffering that injury has caused you and how it affects your day-to-day lifestyle.

This will need to be supported by medical evidence which your solicitor will look to obtain from your GP or alternatively, your solicitor will organise a medical examination to establish the severity of your injury and prognosis.

‘Special damages' is the term that is used to describe the compensation you are entitled to for any financial losses that you have suffered. It is important to inform your solicitor of any time that you have needed to take of work as a result of your injury, any medical treatment you have had to pay for out of your own pocket for etc.

Make sure that you keep a copy of any wage slips or receipts to support the financial losses you have incurred so that ‘special damages' can be considered as part of your compensation award.

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