When it comes to car injuries and claims, it is typically understood that the drivers of the vehicles are the ones who file claims of injury and entitlements. However, what do you do when you are a passenger in a vehicle and there is a collision which leaves you injured and unable to work and function properly? Is it the responsibility of the driver to file a claim on your behalf, or can you file a claim? The answer is that you can file a claim of whiplash if you have been in an automotive accident as a passenger and received such an injury.
Because the level of whiplash fraud is so numerous, it is critical that the person who is seeking compensation for whiplash have documentation supporting the claim of injury. Typically, this would mean that the passenger must have a copy of a police or medical report showing that the person was indeed at the scene of the accident at the time in which it occurred. Furthermore, the passenger filing will need to have documentation that medical treatment was immediately sought for the injuries and that a medical professional has diagnosed the passenger as having whiplash.
One of the most crucial parts of a whiplash claim is to determine who is to blame for the injury. While you may have established the fact that you have whiplash, you must also have a definitive person responsible for the injury you sustained. In most cases, the person responsible will be the driver of the vehicle which rear-ended the vehicle which you were a passenger in. Yet, if you were the passenger in the vehicle which was to blame, then you would need to establish that the driver of your vehicle was to blame. In order to have a successful whiplash claim, you must show that the responsible party failed to care for other road users and that they neglected in their duty to provide reasonable care to you while a passenger in the vehicle.
It is important to understand that when you have experienced whiplash, that you are not filing a claim against an individual, per say, but against the insurance company which represents the person who is at fault for the injury. Passengers should not neglect filing a claim for compensation against an insurance company based upon the personal ties that the person has to the responsible party. As injuries from a whiplash can cause a loss of wages, medical treatment, physical therapy, and medications, it is your right as an injured party to have these losses compensated for by the institution established to do such. Keep in mind that documented papers showing the responsible party will help to expedite the process (as insurance companies tend to frown upon having to conduct their own extensive investigations into claims).
Insurance companies seek to offer the least amount of compensation for a claim and to find reasons to deny compensation claims. Any claim which seems to arouse suspicion is far less opt to see proper compensation than cases which are well established. To maximise the potential of a successful filing, passengers who are filing a whiplash claim should:
- Have documented evidence of the accident with evidence of the responsible party. When an accident occurs, there is generally a police or an incident report published and available for the parties involved in the accident. If the accident is deemed a no-fault, then you will need to seek the advice of a legal professional on how to proceed with the claim.
- Have documentation of immediate treatment and diagnosis. Treatment for whiplash is essential to building a case, but more so is the time frame in which the person received treatment. As whiplash symptoms, can sometimes take days to come to fruition, seeking medical attention immediately after any accident is critical. Whereas you the passenger may not have noticed the injury, a doctor, nurse practitioner, or other medical professional should be able to properly diagnose you. The longer you wait and get documented treatment the harder it will be to win your case.
- When did the accident occur? There is a time frame in which to file claims of whiplash. The closer that you file to your accident, the higher the odds. While it may take some time to get the documentation for the medical and other such needed files, starting the process early is paramount. It is advised that you use a claims specialist when you file your whiplash claim so that all documentation is presented at the right time.
Call Tylers Today for No-Win, No-Fee Whiplash Compensation Claims
Here at Tylers we also focus on what area of the country it was when the accident occurred, moreover, in cities such as Manchester.
If you have suffered a whiplash injury as a result of an accident that wasn’t your fault then you may be able to make a claim. Call Tylers today on (freephone): 0800 699 0079 to see if you can make a claim today.
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We accept Nationwide whiplash passenger compensation claims
No matter where you were injured in the UK, Tylers Solicitors are just a telephone call away from giving you expert advice about your whiplash passenger compensation claim. If you would like to contact us about claiming compensation in the UK then telephone 0800 699 0079 today for a no obligation chat.