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Posted on Tuesday, 14 June 2011 11:25AM by Editor

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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