injured man sitting in car

Can you claim whiplash if the accident was your fault?

If you want to claim compensation after a car accident, you will need to prove that another party was:

  • At least partially at fault for the accident
  • Responsible for your injuries due to the accident in question

While you cannot bring a claim yourself for an accident that was entirely your fault, you can claim if someone else was partly to blame. Passengers in your vehicle can bring a claim against you or another at-fault party too.

So when can I bring a personal injury claim?

You can claim personal injury compensation if you’re involved in an accident for which another party is at least partly at fault.

In the context of road traffic accident claims, you may sometimes share liability with another party or parties. Collisions on roundabouts are an excellent example of when there may be split liability, especially if it’s a multi-vehicle accident rather than a single or two-vehicle one.

In these cases, you can still claim whiplash or bring a claim for other injuries, but the amount of compensation you get will be affected.

How much whiplash compensation can I get?

As of 2022, you’ll get up to £4,215 if you suffer a whiplash injury in an accident for which you are in no way at fault. This amount is solely for your injury and doesn’t include other things you can claim for, like lost earnings or travel expenses. For the purposes of this explanation, we’re looking solely at the personal injury element of any claim.

Learn more about the current whiplash compensation payout scale.

What does split liability mean for my whiplash claim?

If you accept partial liability for an accident, any compensation amount you claim will reduce in line with the degree to which you accept liability.

So, for example, if you’re involved in a two-vehicle accident, and you and the other party accept liability for the crash was 50/50, your compensation award would reduce by 50%.

It is always worth taking legal advice before you admit liability for an accident, especially if you’ve communicated with the other party or insurance company and feel pressured into accepting you were at fault.

What if I don’t know who was at fault?

If there’s a liability dispute, then, like in the last scenario, you should take legal advice about what steps you should take. You should also read our guide on what to do after a car accident so you know how to go about gathering evidence that may support any claim.

If you don’t know who was at fault because the other driver left the scene of an accident before exchanging details, you could claim whiplash and other personal injury compensation via the Motor Insurers’ Bureau. However, you’d still need to provide some evidence that the accident wasn’t your fault.

What if I’m involved in a single-vehicle accident?

You might assume that single-vehicle accidents are straightforward and always the driver’s fault. But there are still some situations where you might be able to claim whiplash or other personal injury compensation.

The most common is if the accident was due to the negligence of a local authority or whoever is responsible for maintaining the road. For example, if a road surface was being re-laid and there was no signage to warn you of this, and you skidded and crashed, you might have grounds to bring a compensation claim.

Another scenario is being injured as a passenger in a single-vehicle accident. In this case, you’d potentially be able to bring a compensation claim against the driver of the vehicle.

You can also claim whiplash and personal injury compensation if you’re a passenger and another driver is at fault for the accident.

Get a free, no-obligation assessment of your claim

If you’ve been injured in a car accident, contact LawPlus Solicitors today for a free, no-obligation review of your potential whiplash or other injury claim.


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