Can I claim some cash for my painful whiplash injury?
Question
I was commuting to work when a car hit me from the side. I think his brakes must have locked up as he skidded into me. Fortunately my armoured trousers protected my knee from breaks but it is swollen and bruised but the main issue is incredibly painful whiplash to my neck. I am off work on full pay fortunately. The neck pain started gently but got worse over the initial week and I am now taking ibuprofen to keep the pain and swelling down. It is making sleeping for any time difficult.
My insurer put me in touch with a compensation company. I’ve filled in the paperwork they sent to me but it is now 3 weeks since I sent it all back and I have heard nothing and nor do I get to speak to anyone who knows what’s going on when I chase them.
I would like my neck sorted but I can’t afford physio and I am told the NHS waiting list is ridiculous. How can I get this treatment so I can get back to normal?
Sean Burke, Leicester
Answer
It is quite normal for whiplash symptoms to develop sometime after the accident (usually within 48 hours, but sometimes more) and the symptoms, as you have found out, can be very painful and debilitating. Liability would appear to rest with the other driver so you should hopefully recover the cost of treatment although I don’t have all the facts.
It is very poor that you have not heard anything from your legal firm for 3 weeks. Early intervention by way of physiotherapy can do wonders for whiplash injuries and you should be seen as soon as possible. A law firm can arrange this at no cost to you in circumstances where the claim is going to be accepted by the third party insurer and yours should have done so, in addition to having lodged the claim against the other driver.
You can always change law firms and get a more pro-active one. Presumably your bike is in need of repair too and your kit damaged. You will be able to claim for your financial losses (including private medical treatment) in addition to claiming damages for your injuries. Any decent firm will act for you on a no-win, no-fee basis. This may change if the Government gets its way and denies whiplash sufferers compensation!
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