How Long Do I Have To Make A Claim For Whiplash Injury Compensation?

by allan46 on March 23, 2011

Copyright (c) 2011 Nicholas Jervis

If you have suffered a whiplash injury as a result of a road traffic accident you may be wondering how long you have to make a claim and, if the accident happened some time ago and you have not yet got round to making enquiries into making a claim for compensation you may be wondering whether you still have time to do so.

The general rule is that if you have been injured in an accident and have suffered a whiplash injury claim you have three years from the date of the accident in which to make a claim. This means that if by the third anniversary of your accident you have not settled your whiplash claim, nor have you issued court proceedings, your claim will become ‘statute barred’ – in other words, you will have run out of time for making a claim and will be prevented by law from doing so. This rule applies to all adults who are not classed as being under a disability (see below).

A slightly different rule applies for ‘persons under a disability’ – this means either children (those under the age of 18 at the time of the accident) or adults who are classed as being a protected party (i.e. of unsound mind). In the case of children who have suffered a whiplash injury, the three year time limit in which to make a claim would not start running until they reach the age of 18, meaning that they have until the date of their 21st birthday by which to have settled their claim or to have issued court proceedings. The parents or guardians of the child may wish to make the claim on their child’s behalf at the time of the accident or they may wish to wait until the child reaches maturity so that he or she can make their own mind up about whether to make a claim for compensation. In the case of adults who are classed as being of unsound mind, the three year time limit starts to run from the date they are medically certified as no longer being of unsound mind.

It can be seen, therefore, that timescales in whiplash compensation claims are extremely important and it is advisable to seek legal advice as soon as possible after the accident to maximise the chances of pursuing a successful whiplash injury compensation claim and to avoid being ‘out of time’ to make a claim.

And now I would like you to take advantage of our special Free Instant Access to Whiplash Claim Solicitors?
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