Q&A - Can I claim for delayed whiplash if insurers have already settled vehicle damage?

Q:    In May, another car hit mine when I was travelling around a roundabout. The damage to my vehicle was considerable but the other driver admitted liability. My insurers could not send out an assessor because of COVID and asked me to email photographs of the damage. They got my car repaired four weeks later and recovered the cost of the repairs from the other driver’s insurers.

When I reported the accident to my insurers, they asked if I had suffered injury and I said I had not, but a day or so later I started getting considerable neck and shoulder pain. My GP surgery would not give me an appointment because it was not an emergency, again due to COVID, so I paid to see a private physio who diagnosed whiplash and said I will need ongoing treatment.

Can I still claim for my injuries if the insurers have already settled for the vehicle damage?

A:    In short, yes you can! They are entirely separate claims and one claim does not preclude the other.

Whiplash symptoms most commonly develop between 6 and 12 hours after a collision, but sometimes symptoms can take longer to appear, and get progressively worse.Physiotherapy is a fantastic and often very effective form of treatment for whiplash/ soft tissue injuries. The cost of your private physiotherapy treatment would be included in your claim.

You have 3 years from the date of your accident to make a claim for personal injury and despite Covid-19, local personal injury solicitors are continuing to take on new clients. You should consult with a local firm who would be able to take on your case, on a no win no fee basis.

Article October 2020

This question has been answered by Claire Parfitt a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

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Claire Parfitt

Claire Parfitt

Senior Solicitor

Senior Solicitor within our Civil Litigation team in Wrexham and Oswestry

Robert Williams

Robert Williams

Partner and Complaints Handler

Partner and Head of the Civil Litigation, Personal Injury and Dispute Resolution team in Wrexham