An accident which results in the driver or a passenger receiving whiplash is cause for a whiplash claim in most instances. When the neck is bent beyond the scope of natural motion, injury occurs and there is a need for treatment, medicine, and compensation for lost wages while such is being performed. Because of the necessary finances to treat whiplash injury, the driver or passenger should file a claim with his or her insurance carrier.
However, filing is not always done, or if filing is done it is quite often done in an inappropriate amount of time. And while there are many reasons why one would not file, a primary reason is that the person claiming whiplash through their insurance carrier is afraid of rising premiums because of filing. To debunk a few of the fears please read on.
A vehicle accident typically has a person who is responsible for it occurring. Where whiplash is concerned, nearly all of these accidents fall on the person who rear-ended the other vehicle (although there can be fault on the front driver if he or she applied the brakes without proper warning). Keep in mind that even if a vehicle has braked suddenly or the other driver has failed to move from a roundabout or junction does not necessarily make it that driver’s fault that an accident has occurred. The argument will be that as a responsible driver, you should have had ample space between the vehicle to allow for sudden braking and that you should have maintained a slower speed until you were quite certain that the vehicle was exiting the roundabout or junction.
If the blame is placed upon you, then you can expect your insurance premiums to go up, especially if the other driver files a whiplash claim against your insurance carrier and the carrier must pay out a sum to the other party. However, if you are not to blame then your premium may not go up.
Who filed first?
In no-blame instances, especially, the insurance company which will pay for the whiplash claim is typically the company which was filed against first. Should you file first, then the odds are in your favour. Yet, if the other driver files before you the chances of a successful claim are bleak. This is the main reason why filing as soon as possible is critical to your claim.
Drivers with an extensive claim record with the insurance carrier may find that their premiums increase under the justification of that driver being a “high risk” to the company. The more claims that are filed with a company, specifically claims in which you the driver are responsible, the more apt the insurance company is to increase the premium. Owners of the automobile which have younger drivers, who are generally considered a higher risk to insurance companies anyway, may see their premiums rise if the operator of the vehicle was the younger driver (regardless of who was to blame).
Insurance companies want to have the lowest pay-outs so that at the end of the year they show a profit. This is the same with any business, they want a high ROI. When a whiplash claim is made, the insurance company will attempt to collect funds from the party who was responsible for the accident. Should you not be to blame for the accident, this would mean that the claim would go to the insurer of the other driver. Should the money be obtainable through the other driver’s insurance company, it is quite unlikely that you would see any affects upon your premium.
However, if the fees are not obtainable (whether as a result of the other driver being uninsured or the other driver’s insurance company denying the claim), you would need to file a claim in order to allow your insurance carrier to recover the costs and thereby eliminate any attempt to collect such funds by increasing your premiums.
If you have experienced whiplash, then it is important that you file a claim by using a claim professional. The professional should be able to explain to you in detail the risks and the possible outcomes of filing a claim. As all claims are time sensitive, it is important that you file as soon as possible. When filing, ensure that you maximise your potential for a successful claim by having documentation of the accident, a record of immediate diagnosis and treatment from a doctor, nurse, or medical practitioner, and that any supporting evidence (such as photographs) are presented to the claim professional.
While the claim’s professional cannot guarantee that you will win your claim, by using a professional for your whiplash case you do ensure that all papers will be filed in the proper time frame and that you will receive guidance from someone who hourly understands the process for filing Whiplash claims. We cover certain areas of the country where you have been affected by a whiplash injury, such as Sheffield.
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 affecting insurance 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 affecting insurance 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.