Whiplash is probably the most common type of injury sustained following a road traffic accident in Scotland and the severity of a whiplash injury can vary greatly.

Common symptoms of a whiplash injury include aches and pains around the neck, shoulder and back area as well as a general feeling of stiffness in the muscles. Headaches are often quite common and in some cases, a tingling sensation in the arms and hands.

If you suffer a whiplash injury following a road traffic accident, which was not your fault, then you may be entitled to make a personal injury compensation claim.

If you are a passenger your whiplash compensation claim would be made against the insurance company of the person responsible for the accident, whether that is the driver of the vehicle you were travelling in or a third party driver.

If you are a driver, your whiplash compensation claim would be made against the insurance company of the person driving the vehicle which collided with you.

That’s why you need the expertise of Redress our skilled personal motor accident lawyers have helped thousands of whip lash victims claim the compensation they deserve in Scotland.

Claiming Personal Injury Compensation

As with all personal injury compensation claims, you would need to prove that another person was responsible for your whiplash injury (in this case, the negligent driver).

To help your case, you should take names, addresses and telephone numbers of any witnesses to the accident and take photographs of the accident location if possible.

If you are intending to claim expenses such as prescription costs and travelling expenses, remember to keep receipts as evidence

Compensation Claim Advice

Redress are experts in all personal injury matters. We will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim.

Whip Lash Claims Questions & Answers

Provided by Chris Gordon partner and accredited as a specialist in Personal Injury Law by The Law Society of Scotland and member of the Motor Accident Solicitors Society. Here he provides the answers to some commonly asked questions:

Q WHO should I instruct to handle my claims?

A Whip lash victims have many choices open in the form of solicitors and claims companies. Redress will charge you nothing. We recover our expenses from the other side in addition to your compensation. If you use the services of an accredited specialist solicitor you are assured of a high level of expertise in a specialised area of law.

Q SHOULD I report the accident to the police?

A PARTIES involved should stop and exchange name and address, vehicle owner details, insurance details and registration numbers. Where someone is injured the police should be contacted. If the negligent driver has no valid insurance, leaves the scene or admits to driving a stolen vehicle, you should contact the Police immediately and report the incident.

Q WHAT if the other driver in an accident has no insurance?

A IF there is no insurance at all the Motor Insurers' Bureau will deal with your claim. There are time limits and rules that apply to these claims and it is important to contact a specialist solicitor at Redress immediately.

Q SHOULD I see a doctor after the accident?

A IT makes sense to see your GP or a medical expert who can assess the whip lash injury and advise on treatment.

Q IS there a time limit for making a claim?

A Claims must be made within 3 years from the date of the accident. Time limits vary where there are children involved or there is a question of mental capacity. Advice should be sought as soon as possible.

Q HOW much compensation am I likely to get?

A This depends on your injury and factors such as the impact on your lifestyle. The law is developing.

Q WHAT if the accident could've been the fault of more than one driver?

A You could have been in a situation where by example, two cars are racing and one collides with you. You can sue either or both drivers. You won't get double compensation but you can target who's most likely to pay.

Q WHAT do I do if the other party drives off and i cannot get their details?

A Even if you do not manage to get their make, model and registration and the car cannot be traced it may be possible to claim some or all of your losses from the Motor Insurers Bureau

Q WHAT if I have suffered injury as a passenger in a car and the driver who was at fault is a spouse, relative or friend?

A The driver will normally have insurance to meet the claim. Remember, if you have been injured, you deserve the compensation.

Q WHAT are the time limits?

A Court proceedings must be commenced within 3 years of the date of your accident otherwise any rights to damages you may have will automatically be extinguished. The time limit for children and those with mental incapacity may vary. There are also even stricter time limits when making an application to the Motor Insurers Bureau where there was no insurance and/or was a hit and run accident. For time limits in fatal cases see Fatal Injuries section.

Remember, even if you’re not sure, Redress can still advise you free of charge at this stage and are here to help you with any questions you may have...