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Whiplash
is one of the most common injuries following a motor accident, often
as a result of a rear end collision. A whiplash injury can occur even
if the speed at the time of the accident is low. Whilst some people
recover quickly from such incidents, in others, pain and restricted
neck movements can last for much longer.
Many
people are unsure about how whether they are able to make a whiplash
claim and, if so, what impact it will have on their insurance.
Whether it is possible to claim and the impact of any compensation
claim depends, in part, on the circumstances of the accident.
Where
the accident was not the fault of another party, it is not possible
to pursue a compensation claim as there is no one from whom to claim.
For a whiplash claim to be successful there must be an identifiable
person whose fault the accident was.
For
those with comprehensive motor insurance, their own policy is likely
to be the first port of call after a motor accident. It is usual for
their insurer to deal with the vehicle repairs and then seek to
recoup the cost from the person responsible for the incident.
Making
such a claim under your own policy can have an impact, however, on
your no claims bonus and any renewal premium. This impact is
generally felt until the insurer has successfully recovered the
repair costs from the party who was to blame for the accident.
There
are a number of areas that fall outside the scope of such motor
policies. Cover is not provided for any injuries suffered by the
driver, regardless of fault. It is not, therefore, possible to make a
whiplash claim for your own injuries under your motor insurance.
Additionally, the excess is payable under many policies regardless of
who was to blame for the incident.
For
those with third party motor insurance, the policy will not provide
any cover for a non-fault accident. This means that there is no cover
under the policy for vehicle repairs or to make a compensation claim
for any injury suffered.
Compensation
for injury, the policy excess and, for those with third party only
cover, vehicle repairs are considered to be uninsured losses. Whilst
it is possible to pursue a claim directly against the party
responsible for the accident for such losses, many choose to appoint
a solicitor to act on their behalf.
No
win no fee solicitors are commonly used by those who do not have
legal expenses insurance. Such solicitors only take on cases where
there is a good chance of success. Fees are only charged if they are
successful in dealing with a whiplash claim or compensation claim. No
win no fee solicitors are generally able to recover their fees and
expenses directly from the party to blame for the accident, or from
their insurers.
For
those who have suffered a whiplash injury, it can be dispiriting to
learn that they are unable to claim under their own insurance. It is,
however, possible to pursue a claim against the party responsible for
the accident, without incurring additional costs.
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