What is whiplash?
Whiplash is a neck injury caused by a sudden impact. It occurs when the soft tissues of the neck, back and shoulders are sprained or strained. Whiplash injuries typically happen when occupants of vehicles are struck from behind.
What are the symptoms of whiplash?
Whiplash symptoms include:
A stiff neck
Painful headaches
Dizziness
Pain and muscle spasms in the shoulders and arms.
Symptoms can take six to 12 hours to develop following an accident.
Minor cases should resolve themselves within a few days, but more severe cases can cause the sufferer pain and problems for months, or even years, afterwards.
How to claim for whiplash injury compensation
If you’ve suffered a whiplash injury in a road accident that you believe wasn’t your fault, you may be able to claim compensation from the other party’s insurance provider.
Since May 2021, eligible claimants have been able to use the Official Injury Claim (OIC) online portal to manage certain lower-value personal injury claims themselves, without needing to pay for legal representation.
The service is designed to make the claims process simpler and help avoid or reduce the need to go to court However, there may still be disputes over who was responsible for an accident that need to be settled.
You can also ask a claims professional, such as a solicitor or claims management company, to handle your claim on your behalf. They may charge for their services.
Who can use the Official Injury Claim service?
The service can be used for claims made in England and Wales for accidents that happened on or after 31 May 2021.
To use the service, you’ll need to be over 18 and must have received your injuries inside a car. You can’t use it if you were, for example, on a motorbike, bicycle or were a pedestrian.
The vehicle that caused your injury must also have a UK registration number.
Your injury claim can’t be over £5,000 and the total value of your claim – including additional costs for say a replacement car or medical treatment – can’t be more than £10,000.
Be aware that no insurance provider can provide whiplash injury compensation without some form of medical proof.
Top tip
If you have legal cover as part of your car insurance or as a standalone policy, you might be able to use that to get help to complete your claim. Check your policy to see if you have it before you pay for advice.
Making the claim yourself is a five-step process:
If you need additional support with using the service, contact Official Injury Claim by phone on 0800 118 1631 to ask questions or to make a claim.
How long does a whiplash claim take?
It varies, but it could take between four and six months, depending on the injury and whether the other driver’s insurance provider accepts liability.
How much can you claim for whiplash?
The amount you can claim for whiplash is now fixed, based on the length of the injury. See below for any accident on or after 31 May 2025:
Duration of injury | Whiplash only | Whiplash and minor psychological injury |
|---|---|---|
Not more than three months | £275 | £300 |
More than three months, but not more than six months | £565 | £595 |
More than six months, but not more than nine months | £965 | £1,025 |
More than nine months, but not more than 12 months | £1,510 | £1,595 |
More than 12 months, but not more than 15 months | £2,335 | £2,435 |
More than 15 months, but not more than 18 months | £3,445 | £3,550 |
More than 18 months, but not more than 24 months | £4,830 | £4,975 |
If you had some responsibility for your injuries, for example, by not wearing a seatbelt, you could find your whiplash claim reduced as you’ll be partially liable for what happened.
In some circumstances, if you’ve received state benefits following your accident your whiplash compensation might be reduced.
What happens if I have other injuries as well as whiplash?
As a result of your accident, you may have sustained a whiplash injury and/or a non-whiplash injury (for example, a broken finger).
There’s no fixed tariff for non-whiplash injuries and you’ll need to consider the valuation of that element of your claim separately. The Judicial College Guidelines (JCG) might help with this or you might want to seek advice, which you may need to pay for.
If you have motor legal insurance as part of your car insurance policy, this could help you cover any costs associated with the advice required.
You can use the online portal if the total value of your personal injury claim, including whiplash and any other injuries, is no more than £5,000, and the overall value of your claim, including other losses, is no more than £10,000.
If either limit is exceeded, you'll need to seek advice.
Will claiming for whiplash affect my car insurance premiums in the future?
Claiming for whiplash could affect the cost of your car insurance. Even though you’ll be making a whiplash insurance claim from a third party’s insurance provider rather than your own, you might find your premium goes up in the future.
This shouldn’t be a reason for not claiming for whiplash, as the entire point of insurance is to use it when the worst happens – such as if you’re involved in an accident and are injured. However, it’s worth keeping in mind if you’re debating whether to claim.
Looking for a car insurance quote?
If you’re getting rid of a car and buying a new one, don’t forget to insure it. Compare car insurance quotes with us today and see if you could start saving.
FAQs
What counts as a whiplash injury?
The definition of a ‘whiplash injury’ is set out by law in the Civil Liability Act 2018, Part 1. Essentially, it’s an injury of soft tissue in the neck, back or shoulder when you’re travelling in a vehicle involved in an accident – but there are clear legal definitions that need to be followed when a claim is made.
What kind of losses can also be claimed for when claiming for whiplash?
You can make a claim for any losses that arise as a result of your injury/injuries.
Examples include the cost of any treatment or loss of earnings due to time off work. You’ll need to provide evidence of these losses, such as receipts for physiotherapy treatment sessions, prescription costs, proof of loss of earnings and care costs.
Other potential losses related to your vehicle that can be claimed for include:
Repairs to your vehicle
Hiring a temporary vehicle
Travel expenses because you can’t use your vehicle
An insurance excess payment
Any difference in the value of your vehicle before and after the accident
Vehicle recovery and storage charges.
What deductions can be made from a compensation claim?
Sometimes the insurance provider of the driver you’re claiming against, known as the compensator, will make deductions from your offer. For example:
Deductions for certain state benefits you've received following your accident, which may be recovered through the Compensation Recovery Unit
Deductions if you're found partly responsible for the accident
Deductions if not wearing a seatbelt contributed to the severity of your injuries.
Any deductions and the reason for them should be made clear by the compensator.
How do I claim for whiplash as a passenger?
You can submit a claim via the Official Injury Claim provided the value of your injury claim isn’t over £5,000 and the total value of your claim isn’t more than £10,000. If your claim is for more than this, you’ll need to seek further advice.
Can I drive with whiplash?
You shouldn’t drive until you can turn your head quickly, so you’ll need to wait until any neck pain and stiffness recedes enough to make this possible. If you’re not sure whether you should drive, check with your insurance provider.
How can I avoid possible whiplash injuries?
There are a few steps you can take to protect yourself from whiplash injuries:
Make sure you wear your seatbelt
Adjust the head restraint correctly. It should be as high as the top of your head and as close to the back of your head as possible – preferably touching.
If you share a vehicle with someone, adjust your headrest every time you use the vehicle like you would the seating position.
Having a car with an autonomous emergency braking (AEB) system can also help, so you might want to add this to your list of requirements when buying a new or used vehicle.
Looking for something else?
Rebecca Goodman is a freelance financial journalist who specialises in insurance, personal finance and consumer affairs.
Stephen Maunder is an experienced personal finance editor, having spent more than a decade working for consumer print and online titles. He won several industry awards for his personal finance features at Which?, before becoming Deputy Editor at Compare the Market.
Amy helps make comparing insurance simpler and clearer. Thanks to more than four years’ experience at Compare the Market, she understands what people look for, working closely with insurance providers to offer you deals and services that are fair, easy to understand and right for your needs.
Our content is written by a Compare the Market expert, backed by data and enhanced by technology. Find out how we ensure accuracy and quality in our Editorial Guidelines.
