Solicitors for Whiplash Claims

You are not required to use one, and the portal is designed so that a claimant can use it directly. That said, a solicitor can help with the parts that cause difficulty, including deciding whether the claim really falls within the tariff, whether financial losses can be claimed alongside it, and what to do if the insurer disputes the claim. The larger the losses beyond the injury itself, the more it tends to matter.

Most lower value road traffic injury claims do, including whiplash claims within the value threshold. Claims outside the threshold, claims involving injuries that are not whiplash, injuries from accidents that were not road traffic accidents, and claims involving children or protected parties are generally dealt with outside the portal.

The award for the injury itself is fixed by the tariff, based on the injury and how long symptoms last. That part is not individually assessed. Financial losses, such as lost earnings and treatment costs, sit outside the tariff and are claimed separately where they can be evidenced and fall within the rules.

Where symptoms continue beyond the longest period the tariff covers, the injury element is generally no longer decided by the tariff and the claim is assessed individually, as a more serious injury. That is why the accuracy of the medical report on duration matters, and why it is worth reporting your symptoms carefully rather than understating them.

If the accident was entirely your fault, there is generally no one to claim against, because the claim is brought against the party responsible. Where the accident was partly your fault, a claim can often still be brought with compensation reduced to reflect your share of responsibility.

Claims within the portal are often resolved more quickly than claims that go through the courts, because the process is more structured and the valuation follows a fixed table. Where the claim involves financial losses, disputed liability, or falls outside the portal, it tends to take longer.

Yes, where you have lost earnings as a result of the accident and can evidence it. The tariff fixes the injury element only. Lost earnings, treatment costs and other financial losses are claimed separately, and they need to be supported by payslips, accounts or receipts.

The limitation period for most road traffic injury claims in England and Wales is three years from the date of the accident. Where the claimant was a child at the time, the three years runs from their eighteenth birthday. Anyone close to a deadline should take advice immediately rather than assume the position.