Dec 13 2010

Whiplash Payout

Whiplash payout has been one of the most common insurance compensation claim made by the victims of road accidents. This is mainly due to the high probability of getting a whiplash injury during the vehicle accidents. In 2010 alone around 4 lakhs claims for whiplash payout have been made and in 2011 it is expected to increase further.  The term whiplash injury is commonly used for the injury sustained to the neck during a road accident. However these injuries can occur due to various other reasons such as slipping, falling down from a chair etc.  But since these injuries most commonly happen during car accidents the term whiplash is generally associated with them.  The term whiplash comes from the motion that happens to one’ s neck from the rear, where one is pulled backward into the seat, since the seat belt restrains the motion , but the neck  is flung front and back in a violent manner. The actual reason is that the neck is stretched beyond one’s normal range of motion and this, damages the soft tissues ,the ligaments and muscles in the neck thus causing an internal injury.

Whiplash injuries can range from a very minor injury where only some small pain and injuries are observed for a few days to some injuries where a very significant skeletal damage to the neck or the spinal area which would result in permanent injury. One more thing to be noted here is that the seriousness of the accident cannot be linked with the seriousness of the injury, a minor accident may result in a serious whiplash injury and vice-versa. Whiplash injuries are very common and sometimes can be very difficult to find an objective science that the injury has been occurred since it is not like a bruise wherein the injury is clearly visible. The fact whiplash is the most common injury, comes as no surprise since Whiplash payout accounts about 15% of every vehicle insurer’s premium and the stat that about 70% of the total motor insurance claims have been the Whiplash payout claims would only adorn it.

What to do soon after a whiplash injury?

It is advised to seek a medical treatment soon after the whiplash injury or possibly after you see whiplash symptoms in the patient. Depending on the seriousness of the injury, it can be treated with small treatments like immobilization with a neck brace and neck exercises and surgeries in major cases.  The most common treatments include physiotherapy treatment, osteopathic treatment and chiropractic treatment. These treatments are different in nature and each person may respond differently to them. It is also advised to follow the advice of the medical expert as not doing so might have negative impact on the whiplash compensation claim.

Whiplash payout – How to claim them?

In order to make a successful claim for a whiplash payout, most importantly the accident should not be your own fault. In case you are not at fault (which is generally the casein most vehicle accidents happening from the rear), you have to obtain evidence from an independent medical expert who would examine the injury, and review your medical notes and records. Then they provide an independent opinion on their support to your whiplash claim. It is important to remember that the doctors do not work for you or the insurance company, but they only work for the court and their independence is always assured. Also make sure that you have the driver’s insurance company detail, the car registration number. There are situations where claims made 3 years after the accident occurrence are withheld. However there are exceptions for this as well. You can find  some of the experiences related to the whiplash injury and its claim here.

Whiplash payout  – range

The compensation for whiplash may vary from a few hundred pounds for minor injuries up to 15 or 20 thousand pounds in severe cases. The  term  average or minimum or a maximum Whiplash claim makes little or no sense because each claim is decided on a subjective manner based on its own merit and each claim is subject to the complexity of the injury occurred.  But there is a general broad compensation range which the insurance provider uses as a reference in order to decide on the whiplash payout once the medical evidence has been obtained.

Whom to contact during whiplash injury?

Even though contacting the insurance company is a possible option, it is always better to get some advice from private consultants or possibly go through them.  This has a better chance of getting the claimed amount mainly because the insurance companies instruct their own solicitors to see through the case and it is obvious that they try to minimize the amount since their own money is at stake. That is why it is better to go through the consultants who would try to maximize the claim through their solicitors and this would be particularly better when you know that the consultants charge a fee only in case of a 100% whiplash payout.

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