Whiplash injuries claims against challenging insurers

by allan46 on July 31, 2011

Experiencing difficult insurance companies when you make a whiplash claim

Insurance providers remain very sceptical so far as whiplash injury claims are concerned. Insurance firms, who represent the liable party in most cases, take the view that “whiplash” is a modern day phenomenon that has evolved primarily on account of the so called compensation culture, as opposed to a medical problem that warrants mindful medical management.

This scepticism doesn’t assist settlement deal negotiations in terms of dealing with compensation claims for the injured parties.

Insurers can be unwilling to provide physiotherapy treatments that ironically may help to lessen the compensation claim costs by accelerating the injury recovery process.

The legal industry in contrast has been moving for a change in attitude for quite a while. Most legal companies feel that you must take a person as you see them and if they can identify that the accident was serious enough, potentially causing injuries to the parties involved, then assuming that medical proof can be presented, it’s completely unfair to place the injured victim under anymore anxiety. It appears in many cases, insurers are looking to save on claims expenses as opposed to considering the circumstances that the injured persons can be dealing with.


Not every insurer is difficult to handle. Some companies will by way of example provide for physiotherapy or associated treatments as well as seeking to discuss amicable settlement of the claim, instead of inviting unnecessary litigation.

So that you can take care of difficult insurance providers appropriately, we would advise that you instruct a specialist lawyer who has experience in handling road accident matters. If an insurer is getting negative towards your matter, you might have to provide additional clinical proof supporting the matter. It is highly suggested that any injured individuals look for formal clinical attention at the earliest opportunity following a road accident. Attendance at an accident and emergency department is usually the best option, but failing this you should make an appointment to see your Doctor. A formal clinical record is important from a legal perspective, though the priority is always to make certain you obtain medical attention while you most need it.

If an insurance company doesn’t wish to cooperate, your solicitor will be able to look at raising legal proceedings following a certain period of time. In the UK, the personal injuries protocol that regulates both parties conduct throughout the early stages of the claim, states that legal proceedings shouldn’t be entered into until at least four months have past from the date the parties firstcommunicated. This period of time permits sufficient time for amicable discussions to progress, but on the other hand when it is clear that the insurance companies are not ready to cooperate, then your solicitors really should be taking steps to ready themselves for a lawsuit when the deadline day runs out. You must not be suspicious of litigating if you feel that your case has merit. Your solicitor will talk you through the detail of raising court proceedings after having a whiplash connected accident.

If an insurance provider is being especially difficult, you may instruct your legal representative to generate a complaint to the Association of British insurers. They’ll persue any grievance on your behalf, although you must be aware that they can’t regulate the industry for personal injury claimants, but instead set standards that insurance providers are expected to adhere to.

I’m employed at a specialist whiplash injury claims solicitors who also offer advice on whiplash injury treatment options may be available. During my spare time I like to take my dogs on long walks around the countryside.
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