Your Right to Claim for Whiplash
Following the 2021 whiplash reforms, the way whiplash claims are handled in England and Wales has changed, but the fundamental right to seek compensation has not. If you have suffered an injury due to another road user's negligence, you are legally entitled to support for your recovery.
Whether you were the driver or passenger requiring advice on making a whiplash claim, the process is now more structured. Our role is to navigate this system on your behalf, ensuring your injury is taken seriously and your settlement reflects the true impact on your life.
Road Traffic Accidents
Who is Eligible to Claim?
- Non-fault drivers: If another party was responsible for the collision.
- Passengers: Passengers are almost always innocent parties, making claiming whiplash after a car accident a straightforward right.
Can You Claim Whiplash If The Accident Was Your Fault?
Generally, you cannot make a whiplash injury claim if you were entirely responsible for the accident. Compensation is intended to cover losses caused by another party. However, if fault is shared (contributory negligence), you may still be able to claim a percentage of the total compensation value.
The Whiplash Claim Process
We believe making a whiplash claim should be a path to physical and financial recovery, not a source of further stress. While the legal landscape in England and Wales has become more structured, our role is to handle the administrative and technical "heavy lifting" on your behalf.
1. Gather Your Evidence: To build a strong case, we start by collecting the details from the accident - including witness contact information, insurance details of the other driver, and photographs of the scene and vehicle damage.
2. Document Your Injury: It’s essential to have your injury recorded by a medical professional. Your medical records provide the vital link between the accident and your symptoms, forming the foundation of your claim.
3. Professional Assessment: We will arrange an independent medical examination for you. This assessment confirms the severity of your whiplash and predicts your recovery time, which is used to calculate your final compensation value.
4. Expert Negotiation: Our legal team handles all communication and negotiations with the at-fault party’s insurance company. We advocate on your behalf to ensure you are not pressured into accepting a low-value settlement.
5. Secure Your Payout: Once a fair settlement is agreed, your compensation is paid out. This covers not only your physical pain and suffering but also any financial losses, such as lost earnings or medical expenses.
Can a Whiplash Claim be Refused?
It’s a common concern, but while an insurer can dispute a claim, it cannot simply refuse a valid injury. At Cordell & Co, we work to ensure your case is backed by robust evidence so that these common hurdles are avoided:
Disputed Liability: If the other driver denies fault, we use police reports, dashcam footage, and witness statements to prove responsibility.
Insufficient Evidence: To prevent refusals, we arrange an independent medical assessment to provide the formal report required to validate your injury.
Low-Speed Defences: Insurers often claim minor impacts cannot cause injury. We use specialist expertise to prove the biological reality of whiplash at low speeds.
Time Limits for Whiplash Claims
In the UK, you generally have three years from the date of the accident to begin your whiplash injury claim. If you are claiming on behalf of a child, the three-year limit begins on their 18th birthday. We recommend starting the process as soon as possible while the evidence and witness recollections are still fresh.
How Much Can You Claim for Whiplash?
Under the current UK legal framework, compensation for a whiplash injury is calculated using a fixed government tariff based on the duration of your symptoms.
Following the updates in May 2025, settlements for soft tissue injuries lasting up to three months typically start at approximately £275. For more persistent injuries lasting between six and nine months, you may be entitled to around £965, while more severe cases lasting up to two years can attract settlements of approximately £4,800.
It’s important to note that these figures are specifically for the whiplash element of your claim; your final settlement could be significantly higher if you have suffered additional non-tariff injuries, psychological distress, or financial losses such as lost earnings.
Vulnerable Road Users
Fixed whiplash tariffs do not apply to everyone. If you suffered a whiplash injury as a cyclist, motorcyclist, or pedestrian, you are classed as a vulnerable road user. In these cases, your compensation differs as it is calculated using traditional judicial guidelines rather than the government tariff.
Why Choose Cordell & Co?
Making a whiplash claim with us means choosing a firm that values integrity and results. We operate on a No Win No Fee basis, ensuring that expert legal representation is accessible to everyone without any upfront financial risk.
Contact our specialist team today to request a call back. Let us handle the legal burden while you focus on getting back to health.
How We Can Help
Our committed team of specialists will guide you through every step of the process providing you with honest advice and realistic outcomes to expect on your case. Our team are experts in personal injury and we have been helping people for 30 years. We have a proven track record in obtaining excellent results for our clients.
We also understand the mental, financial and physical difficulty you may be suffering with and will do our utmost to support you throughout the case.
