This article explores all the steps you must take to ensure that you can later make a valid whiplash compensation claim.
1 Police.
If you are involved in a car accident and suffer an injury, you must notify the police. Although on many occasions the police may not be interested in your telephone call due to pressures of time, it is a legal requirement that any accident leading to injury is reported to the police. There is another important reason for you to do this in that if the police do attend they will take photographs and measurements of the scene of the accident which may be helpful in proving that it was not your fault.
Therefore the first one is to notify the police of the accident.
2 Other Evidence.
If the police do not attend the scene of the accident, or even if they do, you should obtain details of any witnesses to the accident. Whilst at the time you may consider this is unnecessary or you may even feel slightly embarrassed, this could prove vital in making a successful claim for whiplash compensation. Even if the accident seems straight forward at the time (for instance someone drove into the rear of you at a junction when you were stationary) you would be amazed how many people later attempt to suggest that it was you that caused the accident by braking suddenly or by reversing into them at a junction. This may not seem likely at the time of the accident but it happens more frequently that you would expect. Therefore, obtaining independent witness evidence at the time of the accident could prove vital later on in the claim.
In addition, you should also take photographs of the scene of the accident and the cars in their finishing places. This could be useful to support your version of events. Most people carry a mobile phone with them which can take pictures. Alternatively, if you are reading this before you have been involved in an accident, it is always a good idea to carry a disposable camera in your glove box. Prevention is always better than cure.
3 Treatment.
If you have suffered an injury as a result of the accident, you should attend either your local General Practitioner or Accident & Emergency Department. They will be able to assess the extent of your injury and advise you whether you need any treatment. In addition to being vital to find out whether you have sustained a serious injury, this visit will also be recorded by the Doctor or Hospital which will be useful for your solicitor if you subsequently decide to pursue a whiplash claim as it confirms the chain of events from accident to injury.
Normal treatment for whiplash involves pain killers and if the pain continues for more than a week you may be referred for physiotherapy or chiropractic treatment. It is therefore important that you seek early medical treatment.
4 Finding A Solicitor.
The next step is to find a specialist accident claim solicitor to help you with your claim. There are many ways of locating one, but the easiest one these days is to do a search on the Internet. Ideally you want to find a solicitor that offers a service in your country, whether that be Scotland or England and Wales. A specialist solicitor should be able to ensure that you receive all of your compensation and will be able to act for you on a 'no win, no fee' basis. Choosing a specialist gives the best chances of a successful claim.
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Nick Jervis is a Solicitor (non-practising) and consultant to Moffat and Co.
