Were you injured in a car accident or another accident that caused you to suffer whiplash? In this guide, we shall explain all you need to know about whiplash claims against Aviva. We will take you through what you could need to make an Aviva injury claim, the evidence you may need, and why a personal injury solicitor could be of benefit to you when you’re looking to make an Aviva whiplash claim, especially one that works on a No Win, No Fee basis. We hope you find the information below useful, but if you have any queries as to the specific circumstances of your Aviva car accident claim, then please call us any time on 0800 073 8804.
Select A Section
- A Guide To Claims Against Aviva For Whiplash Injuries
- What Is Whiplash And What Are Whiplash Symptoms
- Can I Claim Off My Own Insurance?
- Insights Into Injury Claims Against Insurance Providers
- How To Make A Claim For Whiplash If Partially At Fault
- Should I Accept The First Aviva Car Insurance Whiplash Offer?
- Should You Accept Pre-Med Settlement Offers?
- Calculate How Much You Could Claim Against Aviva Insurance
- What Else Could My Aviva Whiplash Claim Compensate Me For?
- No Win, No Fee Claims Against Aviva Insurance
- Talk To Our Team About Claiming Against Aviva Insurance
- References
A Guide To Claims Against Aviva For Whiplash Injuries
Whiplash could be considered a fairly common injury that mainly stems from car accidents, but in fact, whiplash could occur in other ways too. If you’re considering making a personal injury claim for whiplash, then you may have a few questions as to how you would go about doing so. Claimants making personal injury claims of this nature could benefit from using a personal injury lawyer. An experienced legal professional could not only help reduce some of the stress of claiming, but they could also advise you as to whether a settlement offer could be worth taking, or whether you could fight for a higher amount of compensation. Within this guide, Legal Expert will take you through the process of making an Aviva whiplash claim, along with providing advice on our services, showing how we could help you with such claims. We’ll explain about the personal injury claims time limit for such cases, as well as the average insurance settlement for whiplash, too.
What Is Whiplash And What Are Whiplash Symptoms
Before we go through how to make a claim for whiplash, we should first explain a little about the injury itself, how it occurs and what sort of symptoms are involved with it.
Whiplash is an injury that is caused to the neck, usually as a result of sudden, jerking movements of the head. In most cases, it could resolve within 2-3 months, but in others, it could cause other issues. Common in car accidents, where the head could jerk forwards and back in a sudden movement as a vehicle stops quickly, it could also be caused by certain sports or could result from physical abuse or other types of trauma.
Common whiplash symptoms include:
- Neck pain, worsening on movement
- Loss of motion in the neck
- Tender feeling in the shoulders, upper back and neck
- Tingling feelings in the arms
- Tiredness
- Dizziness
- Headaches
- Stiffness in the neck
Other symptoms that could be considered less common include:
- Blurred vision
- Depression
- Memory problems
- Irritability
- Tinnitus
- Disturbances in sleep
- Difficulty in concentrating
Whether you are considering making a whiplash claim against Aviva, then seeing your doctor could be a wise decision if you feel you may have suffered whiplash, whether as a cause of a car accident or otherwise.
Common treatment options for whiplash sufferers could include taking some pain medication (usually over the counter options such as paracetamol and/or ibuprofen) and undertaking some specific exercises that could help to ease the stiffness. In most cases, whiplash should resolve within a few months, but some cases prove more complicated than this. Whiplash, in severe cases, could cause claimants to suffer chronic pain in the neck as well as other long-term symptoms such as pain in the arms, and headaches.
Some risk factors that might be linked to having a poorer outcome in whiplash sufferers could include:
- Existing back or neck pain
- Increased age
- Having had whiplash before
Can I Claim Off My Own Insurance?
If you’re considering making an Aviva car insurance whiplash claim, you might be asking whether you claim from your own insurance or some other way. When it comes to most Aviva car insurance claim cases, you would be claiming against the negligent driver’s car insurance. To claim specifically against Aviva, the other driver involved would need to be insured by Aviva. If they were insured by another firm, you would pursue that insurer instead. This should mean that your own insurance would not be affected by the claim. However, if a passenger in your car suffered whiplash and you were seen as being at fault, then the passenger may wish to claim against you, which could lead to an injury claim against your insurance, which could affect your future cover and/or premiums.
Insights Into Injury Claims Against Insurance Providers
You might not be aware of this, but there is research that has been conducted by the FCA (Financial Conduct Authority) on the back of a Freedom of Information Act challenge that suggests that claimants could receive, on average, around triple the compensation if they choose to:
- Utilise the services of a solicitor that specialises in these kinds of claims
- Refuse to accept an insurance provider’s first offer of settlement.
If you’d like to know more about this, why not give our advisors a call – we would be happy to help.
How To Make A Claim For Whiplash If Partially At Fault
If you were seen as being completely at fault for the accident that caused you whiplash, you would not be able to make a compensation claim against your insurance as you would be seen as the cause of your own injuries. However, in cases where you may have been partially at fault, what is known as a knock-for-knock claim could be made. These are claims in which both drivers would admit some level of responsibility for what has happened, or where no agreement could be reached as to who was at fault.
If you were to make whiplash claims against Aviva in these sorts of situations, your insurer may agree to settle the claim on a knock-for-knock basis. This may mean that compensation would be made to each party by their own insurer.
The reason this type of claim is settled in this manner could be because it saves on legal fees. It could also help to settle the matter quickly. However, it could affect a driver’s future cover and the premiums they pay for insurance. If you have been injured in an accident of this nature, but you feel the other driver was more at fault, then you may wish to use the services of a solicitor to help argue this matter, so that your premiums are not quite so affected by your claim. Call Legal Expert today for assistance and support with such issues.
Should I Accept The First Aviva Car Insurance Whiplash Offer?
In some cases, you may feel that this would be the easiest thing to do, but you could be missing out on the full amount of compensation your accident could bring you if you choose to accept the first offer. So, how could you tell what might be a good offer and when it could be worth fighting for a higher amount?
It might be worth mentioning here that whether you have an Aviva car accident claim or any other type of accident claim, you may initially be feeling a little confused as to what to do. An initial offer at this point may look attractive, especially as this would put the matter to rest, but it would be wise to think this through carefully before considering accepting the offer.
Some things to consider in this situation would be:
- You do not have to say yes to any offer of compensation. If you feel you could benefit from assistance from a lawyer or by taking the matter to court, you are well within your rights to refuse an initial offer.
- You could get a medical assessment as part of your claim that could put a more accurate value on your claim. This could be more than the initial offer from the insurance company.
- You could choose a solicitor other than the one your insurance company may offer to provide you with – you are not limited to using their chosen solicitors.
- You could take your time deciding. If you are intending on making a claim, then you may need to be aware that the personal injury claims time limit is generally 3 years from the accident date, but you should not be put under pressure from the insurance company to accept a settlement for an Aviva car insurance claim.
Other than this, we would advise claimants not to sign anything unless they are fully aware of what the document is and what it means for them. If you have received an offer that you’re not sure about, then do call our expert advisors. We’ll offer guidance on this, and if necessary, could provide you with a solicitor to help take your whiplash claims against Aviva further.
Should You Accept Pre-Med Settlement Offers?
In some cases, your insurance company might offer a settlement which would be referred to as a pre-medical settlement offer. This would mean that medical evidence would not be required if an offer were to be accepted.
Sometimes, insurers make an offer like this as soon as they admit liability. They could do this to sort things out quickly after an accident has occurred and also save money on legal fees, and medical assessment expenses. The catch is that the offered sum may not be as much as you would get if you went ahead to make an Aviva whiplash claim supported by medical evidence.
Medical evidence obtained as part of an Aviva car accident claim could show more accurately the severity of the symptoms you’re suffering with, or have suffered, as well as your long-term prognosis of how long symptoms are likely to last.
Taking a pre-med offer might also mean that if you required private physiotherapy later down the line to recover from your injuries, you might have to pay for this yourself. You might also not be able to get compensation for wage losses, and other medical or travel expenses as part of this type of settlement. For this reason, we would advise claimants to get legal advice if they receive a pre-med offer to see if an Aviva whiplash claim could potentially bring more compensation than the initial offer. If you call our helpline, we would be able to help you with this.
Calculate How Much You Could Claim Against Aviva Insurance
If you’re wondering what the average compensation payout for whiplash and back injuries are, and you’re considering making an Aviva injury claim, you may have sought information on settlement amounts from the likes of a personal injury claims calculator. However, we find they can be cumbersome to use, so we have instead included a table listing relevant injuries. The figures in this table have been taken from the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims. It’s important to remember that these figures below are just estimates. The value of each case is determined by its unique set of facts. You could contact our friendly advisors on the number at the top of this page for a valuation more specific to your circumstances.
| 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. |
What Else Could My Aviva Whiplash Claim Compensate Me For?
As well as being compensated for the pain and trauma of your injuries, and the psychological suffering, it’s also possible to recover expenses or financial losses stemming from the accident. Some examples of the losses and expenses you could claim for include: :
- Medical costs – Prescription charges, physiotherapy costs and more could be claimed for.
- Travel costs – Hospital parking fees, travel costs to your medical assessment and more could be claimed for.
- Wage losses – If you needed to take time off work because of your whiplash injuries, then your employer may not have paid you the full amount you’d have earned if you’d have been in work. These losses in income may be claimed for, and future losses of earnings might also be taken into account.
No Win, No Fee Claims Against Aviva Insurance
Do you wish to make an Aviva car insurance whiplash claim? If you do then you might want to consider making your claim with a No Win, No Fee solicitor. Claims made in this manner do not require any payment upfront to begin, and there are other benefits too.
How No Win, No Fee whiplash claims against Aviva work is via an agreement known as a Conditional Fee Agreement (CFA). This is a document that your lawyer would give to you before they started working on your case. It will confirm the following:
- You do not have to pay any fees upfront or during the claim;
- If your claim 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 toward their costs in the form of a success fee. A success fee forms a percentage of the compensation awarded at the end of the claim. Success fees are legally capped and the level will be set within the CFA.
So, let us take a look at the benefits that could come with making No Win, No Fee claims:
- No payment required to begin a claim, nor during the claim.
- Assistance from an educated legal professional.
- Less stress in making your claim.
- Less risk to your finances.
- Your solicitor’s fees would be directly impacted by how successful they were on getting you compensation.
If you’re interested in learning more about making this type of claim, you may be interested to know that Legal Expert could provide you with a No Win, No Fee solicitor to take on your case, if we feel it is appropriate. We’d be happy to talk this over with you.
Talk To Our Team About Claiming Against Aviva Insurance
Are you ready to move forward with an Aviva whiplash claim? Or are you unsure as to whether you’d be able to claim compensation? Perhaps you’re claiming on behalf of a child or you had an accident when you were a child and no one claimed on your behalf? Whatever your question, query or request, we will do our best to provide you with appropriate guidance and support. And, if you would like to make whiplash claims against Aviva, and we feel you could have a chance of succeeding, we could also provide you with a No Win, No Fee solicitor to help you make an Aviva injury claim.
We have extensive experience in handling claims of this nature. We’re always happy to talk to you in confidence about what has happened, and we’ll give you jargon-free advice you could count on. We won’t put you under pressure to claim compensation, we’ll simply offer advice and guidance, leaving you under no- obligation to use our services. However, if you do choose to go ahead with a claim, we will be happy to support you. We have many happy customers that have used our services in the past and have recommended us to others, and we are proud to provide a customer-centric service that puts claimants first every step of the way.
If you’d like to get in touch with our team, we can be reached in a few different ways:
- By phone – If you call our helpline – we’ll be happy to listen to you and give you advice. The number is 0800 073 8804
- By email – If you prefer, why not email info@legalexpert.co.uk for advice or guidance on starting a claim.
- Via live chat -We have a live chat option available 7 days a week for you.
However you prefer to get in touch, we’re sure to be able to help, and with No Win, No Fee claims, there’s no reason you should need to delay your claim, so why not get in touch to start the ball rolling today?
References
MIB – If you were hit by a driver without insurance, or someone that left the scene and could not be traced, then the MIB may be able to pay out on your claim. We could help you with this. This page links you to information on whiplash reforms.
Stiff neck or neck pain advice – NHS advice on neck pain or stiff neck symptoms. This link shows self-help techniques and more.
Consultation on whiplash claims – Government consultation on reforms within the whiplash claims system.
Department for Transport: Report on Road Casualties in 2017
House of Commons Transport Committee Report on the Cost of Motor Insurance: Whiplash
Passenger claims – If you were injured when you suffered whiplash as a passenger, then this guide may be of use to you.
Cyclist claims – If you were injured as a cyclist, you could still experience whiplash, depending on the forces involved within the accident. You could take a look here at some guidance specific to cyclists.
Our guide on whiplash – A guide to whiplash as a specific injury claim could be found here. We hope you find it useful.
Other Guides You Can Read
- Hastings Direct Insurance Claims Guide
- Tesco Insurance Claims Guide
- Admiral Insurance Claims Guide
- Churchill Insurance Claims Guide
Written by Jeffries
Edited by Billing
