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Saga Insurance Claims Guide – How To Claim Compensation For Whiplash

This guide has been created for those searching for answers to questions relating to whiplash personal injury claims, including:

  • “Can I claim for whiplash?”
  • “What can I claim for whiplash?”
  • “Is it possible to make a whiplash claim through my insurance?”

Whiplash compensation claims against Saga car insurance guide

If you have been involved in a road traffic accident (or ‘RTA’), you could be left suffering from a wide range of injuries, from whiplash to lacerations. According to a report by the Department of Transport, the most common injury reported by those involved in RTAs has been whiplash. With 49% of respondents reporting a whiplash injury, we can see that this type of injury more than another is common in RTAs.

In this guide, we will explain how a person can make a personal injury claim for whiplash, specifically in relation to a Saga insurance car. We will look at the legal process of receiving a settlement amount for your injuries, how much compensation you could be entitled to, what personal injury claims time limit is applicable and what makes a Saga car insurance claim valid. Here at Legal Expert, our expert advisors can help you begin the process of an accident claim and provide you with free legal advice. If you would like to discuss your claim with an advisor or begin the process, call us today on 0800 073 8804.

For more information regarding car insurance whiplash compensation claims, please carry on reading.

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A Guide To Whiplash Injury Claims Against Saga Insurance

There are several different options to consider when making a personal injury claim. First of all, you are not restricted to conducting a claim through your own insurance policy. If the driver who crashed into you is insured by Saga insurance, you could pursue a claim against them, or if they were insured by somebody else, you could pursue that insurer.

In order to make a valid claim, you must first:

  • Establish that the other driver owed you a duty of care. Given they will be regarded as a fellow road user, this will be straightforward to prove.
  • The other driver breached their duty of care by, for instance, driving without due care or attention or while under the influence of drink or drugs. This breach led to a road traffic accident.
  • As a result of the resulting accident, you suffered injuries. 

The typical personal injury claims time limit is 3 years from the date the accident occurred. However, there are some exceptions to this limit. For example, a parent or guardian can make a claim on behalf of a child under 18. If a claim has not been made by the time they turn 18, the child has three years from their 18th birthday to make a claim themselves.

What Is Whiplash And How Is It Diagnosed And Treated?

A whiplash injury is caused by sudden and/or extreme movement in the head and neck area. This is likely to occur from a road traffic accident whereby a collision of some form happens, at both low and high speeds. A whiplash diagnosis, according to the NHS, can be made based on a variety of symptoms, some of which are less apparent than others. However, all are significant indicators that a person may be suffering from a whiplash injury. If as little as two of the symptoms listed below are experienced, it may be considered as whiplash.

The more common symptoms include:

  • Headaches (mild to severe)
  • Neck pain
  • Stiffness in the neck
  • Muscle spasms
  • Pain in the upper arms/shoulders

Whereas the less common symptoms of a whiplash injury are:

  • Depression
  • Memory loss
  • Tinnitus
  • Irritability
  • Blurring vision
  • Concentration difficulties
  • Disturbed sleep

Further, the NHS also suggests that neck braces should be avoided because they do not aid whiplash symptoms in the neck. The NHS also advises sufferers to not rest their necks, but rather carry on with day-to-day tasks to aid recovery, despite the pain. Instead, pain-related symptoms ought to be relieved with over-the-counter medication, like paracetamol and ibuprofen. A person may also seek additional medical attention from a professional private practitioner, such as a physiotherapist.

For more information about how whiplash can be treated and what must be done to make a whiplash claim, click here to read our detailed guide. If, however, you would like to begin your Saga car insurance claim, call us today on the number above.

When Should I Claim Against My Insurance?

A personal injury claim could be made against the insurer of the party responsible for the accident instead of through your own insurance. For the purposes of this article, that insurer is Saga. As a result, this means that your own insurance policy will not be affected by the Saga car insurance accident claim as you will not be seeking damages from your insurer.

However, it should be noted that if a passenger in your car was injured during the time of the accident and you were deemed either partially or wholly at fault, the passenger could look to pursue a claim against you. Thus your policy could be affected along with future cover and/or premiums. This is something to bear in mind when you discuss your circumstances with a personal injury solicitor.

Insights Into Car Crash And Whiplash Injury Claims

The Financial Conduct Authority (FCA) conducted research under the Freedom of Information Act regarding the average settlement a claimant could receive. The research concluded that on average a claimant could be entitled to up to triple the compensation on the basis that:

  • They utilised the knowledge and expertise of a personal injury lawyer who specialises in whiplash claims through insurance.
  • The claimant refused the initial offer made by the defendant.

Split Liability Whiplash Claims Against Saga Insurance

Unfortunately, if you are seen to be entirely at fault for the road traffic accident, then there will be no grounds for you to conduct a personal injury claim. This is because your insurance provider will view your injuries as your own fault.

However, in certain cases where the claimant is only partly at fault for the accident, there is potential for what is known as a “knock-for-knock” claim to be made. In the event that both drivers admit to some amount of liability for the accident, or no agreement can be reached between both parties, a knock-for-knock claim is made and both insurers payout to their own policyholders. If you feel that you could have been partly to blame for an RTA, you could still make a Saga car insurance claim on a knock-for-knock basis, although it should be noted that an agreement of this type will run the risk of impacting your future insurance premiums. But there is a wide range of benefits associated with this type of agreement, such as how much it can save in overall legal costs and how little time it takes to settle.

Should I Take The First Offer From Saga?

You may be approached by the defendant prior to your medical assessment in your personal injury claim. This offer will be an estimated lump sum based on basic information. By accepting this offer, you will not be required to undergo a medical examination.

While this may seem like an easier, hassle-free option, you could lose out on a significant amount of compensation. Our friendly advisors can provide you with free, expert advice about an offer you receive. Simply give them a call on the number at the top of this page.

Some things to consider about pre-medical offers are:

  1. You are well within your rights to refuse any initial offer if you feel that you could benefit from the legal expertise of a personal injury lawyer. 
  2. A medical examination could provide you with a more precise estimate of your potential damages. This could also be a significantly higher sum than initially offered or estimated by an online personal injury claims calculator.
  3. You are not restricted to the solicitor provided by your insurance company; you have the freedom to choose a solicitor outside of those offered to you in your Saga car insurance claim.
  4. There is no pressure to make a decision immediately in your claim. The personal injury time limit is generally 3 years from the accident date, however, there are some exceptions to this restriction.

There are a variety of exceptions to the personal injury claims time limit rule. Some of these include psychological injuries that take longer to diagnose and cases involving children under the age of 18. With regards to cases involving children, a parent or guardian can act on behalf of the child. Once the child turns 18, they have until their 21st birthday to make a claim on their behalf.

Should I Take A Pre-Med Offer?

A pre-medical settlement tends to be offered before medical evidence is obtained by your personal injury solicitor. While this may be tempting initially, a much higher sum could be achieved after serving the medical report on the defendant, detailing your injuries. By choosing to take a pre-medical offer, you could be left with a lower settlement amount altogether. You could also miss out on compensation for additional expenses, such as wage losses, travel expenses, private medical costs and any other expenses lost during the recovery process.

Calculating Whiplash Injury Claims Against Saga Insurance

The figures in this table have been provided as a rough estimate of the compensation amount awarded from personal injury claims, though all cases are inherently different and the unique circumstances of each case could modify these amounts. The figures below have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims. 

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Type of Injury Severity Compensation Range Details
Neck Injury Minor (iii) Up to £2,300 This compensation range is for soft tissue damage with full recovery within 3 months.
Neck Injury Minor (ii) £2,300 to £4,080 This compensation range is for soft tissue damage with full recovery within 1 year.
Neck Injury Moderate (i) £23,460 to £36,120 This compensation range is for fractures or dislocations that might need spinal fusion.
Neck Injury Severe (iii) £42,680 to £52,540 This compensation range is for dislocations, fractures and severe soft tissue damage which leads to severe conditions, extensive treatment and significant disability of a permanent nature.
Shoulder Injury Minor (i)-(iii) £2,300 to £7,410 This compensation range is for painful soft tissue damage to the shoulder where full recovery is made within in less than two years.
Shoulder Injury Moderate (c) £7,410 to £11,980 This compensation range is for soft tissue damage which takes over 2-years to recover from and also injuries like frozen shoulder.
Shoulder Injury Serious (b) £11,980 to £18,020 This compensation range is for shoulder dislocations or brachial plexus damage which results in movement loss with pain in the shoulder, neck and elbow.
Shoulder Injury Severe (a) £18,020 to £45,070 This compensation range is for brachial plexus damage which leads to significant disabilities.

For a more precise valuation of your claim, contact our advisors on the number at the top of this page.

What Else Could I Claim For Whiplash?

As well as being compensated for the pain, suffering and loss of amenity inflicted by your injuries, it’s also possible to recover any financial losses or expenses that have been incurred as a direct result. When it comes to recovering such costs, it’s important that you provide receipts, bills, statements and the like. Without this, it’ll be difficult to prove that you’ve incurred the costs you say you have. 

Some examples of the types of things you can claim for include: 

  • Medical Costs: Such as prescription charges, physiotherapy, etc.
  • Travel Costs: This could be anything from hospital parking fees to travel costs to your medical assessment.
  • Wage Loss: If your whiplash injury forced you to take time off work, it may be that your employer did not fully pay for your time off work. If so, you could be entitled to claim these losses back along with future losses.

No Win, No Fee Claims Against Saga Insurance

If at any point during this guide you felt that you may be entitled to compensation or you have any questions that were unanswered, contact us today. An advisor from our expert team could provide you with useful information and connect you with a No Win, No Fee personal injury solicitor. A No Win, No Fee claim will require no upfront payments nor will you be accountable for your solicitor’s fees during the claim. If the case is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case. 

If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped!

For more information regarding No Win, No Fee personal injury claims, click here.

Contact Us And Start Your Claim

Have you suffered or are you suffering from a whiplash injury caused by third party negligence? Do you need assistance in conducting a personal injury claim? If so, contact our advisors today on 0800 073 8804. Alternatively, you can get in touch with us by:

One of our advisors will provide you with a free, no-obligation consultation about your claim and offer you all of the support and guidance you need.

References And Claims Guides

Below are additional resources which have been included in this guide to provide you with further information about the subject areas covered on this page.

Can I Sue An Employer For Negligence?

How To Claim Compensation Due To A Missing Tile

Could I Be Entitled To Compensation From A Cycle Accident?

A CPS Guide To Neck And Whiplash Pain

Reforming The Soft Tissue Injury Claims Process

Royal Berkshire NHS Online Leaflet To Whiplash

Other Guides You Can Read

 

Written by Hayes

Edited by Billing