Can a whiplash claim be refused?

Historically, some saw bringing a whiplash claim after being in a road traffic accident (RTA) that wasn’t your fault as a way to get “easy money.”

Many of us will have heard someone down the pub claiming they got thousands of pounds in whiplash compensation despite them having nothing wrong with them.

Things such as this were partly responsible for May 2021’s whiplash claims reforms, which aimed to bring transparency and consistency to whiplash claims while reducing the burden on motorists due to increasing motor insurance premiums fuelled by the volume of whiplash claims.

But have these reforms made a difference? Or is bringing a whiplash claim still “easy money”?

Understanding whiplash claims and the May 2021 whiplash reforms

May 2021’s whiplash reforms brought several changes to what you could claim and how you do it.

The most significant changes were:

We have previously written comprehensively about whiplash claims elsewhere on the LawPlus Solicitors blog. Read our previous whiplash guides here.

Can a whiplash claim be refused?

Yes. If the other party denies liability for your accident or accepts liability for the accident but denies liability for your whiplash injury, your claim may go to court, and you could potentially lose the case.

When might a whiplash claim be refused?

Your whiplash claim could be refused – or your court case unsuccessful – under many circumstances.

In addition to the other party denying liability for your injuries, they could also claim that:

  • You’re exaggerating your injuries.
  • The accident was your fault.
  • They suspect you engineered the crash as part of a “crash for cash” scam.

Other reasons your whiplash claim may fail are:

  • A lack of medical evidence – for example, if you failed to attend an examination with a medical professional arranged by your personal injury solicitor, there would be no medical report on which to base your whiplash claim.
  • A lack of evidence of the accident occurring.
  • You’ve brought a claim outside the three-year time limit to which personal injury claims are subject.

So, while it’s possible a whiplash claim can be refused, if you’re a genuine claimant and can prove liability for your RTA lies with the other party, you’ll likely be able to bring a successful claim.

You might also be able to bring a whiplash claim against the other party even if you agree to split liability for the accident.

How to maximise your chances of getting whiplash compensation

The success of any personal injury claim depends on the following:

  • Being able to prove the other party was liable for the accident and your injuries, if they don’t admit to it.
  • Having medical evidence documenting the extent of the injuries you claim to have suffered.

Our guide on what to do after a car accident before starting the personal injury claims process provides additional detail on everything you can do to maximise your chances of bringing a successful claim.

If you’ve suffered a whiplash injury, contact LawPlus Solicitors now!

If you’ve suffered a whiplash injury in an RTA that wasn’t your fault, ensure you get the compensation you deserve.

Contact LawPlus Solicitors for a free, no-obligation review of your potential claim.

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