If you are the victim of whiplash, the most important thing to do is take all the necessary steps to ensure a full recovery. Whiplash is a debilitating injury which can cause long-term suffering and pain, and if it was somebody else’s fault, you have the right to feel angry and frustrated.
Further down the line, you may wish to seek financial compensation for your whiplash. But is there a deadline for making a claim?
What is the deadline for making a whiplash claim?
You can make a whiplash injury claim within three years of the initial accident. This timeframe can be extended if you were a minor at the time. So if you are the victim of whiplash you can rest assured that even if you sustained your injury one, two, or three years ago, you can make a claim for financial compensation and it is your right to do so under UK law.
Are there any exceptions?
There are exceptions to the three year limit:
1. If your injury did not become apparent after the accident, your date of limitation may start from the date your injury became clear.
2. If you were a minor at the time (under 18), the three year limit can be extended. Also, a parent or guardian can make a claim on the minor’s behalf.
3. If the victim lacks mental capacity, they will be free to make a claim at any point in the future, or have somebody else make the claim for them.
Will waiting to make a claim affect the chances of success?
In most cases, no. If you were involved in a road traffic accident, you will have medical records that give your injury a time and a date and a diagnosis if you received hospital treatment. Even if you didn’t receive hospital treatment, chances are you followed up with your GP shortly after the accident to receive medical attention. It is these medical records that will help to make a strong case for financial compensation. If you do not have any medical records and your whiplash injury is not evident now, it will be harder to prove that you had any symptoms at all.
I want to make a claim. How do I get started?
Call the Accident Advice Helpline 24/7 Advice line on 0800 689 0500 or from your mobile on 0333 500 0993 for a fast track claim. Our highly trained advisors will discuss your case with you and determine your eligibility for financial compensation. There’s no obligation to proceed with us – we will offer you legal advice and help you to better understand the next steps that you can take.
