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Churchill Insurance Claims Guide – How To Claim Compensation For Whiplash

How Do I Make A Whiplash Claim Against Churchill Insurance?

Whiplash compensation claims-against Churchill car insurance guide

This guide is all about making a whiplash claim if you’ve been involved in an accident that wasn’t your fault. Below, we’ll explain how much compensation you could be entitled to for your injuries, the process of making a personal injury claim and how it could be more beneficial to conduct a Churchill whiplash claim with a personal injury solicitor rather than through your own insurance company, providing the third-party is insured by Churchill.

Our personal injury solicitors work on a ‘No Win, No Fee’ basis to reduce the financial risk of making a claim, thereby giving you the confidence to pursue justice. You could discuss your circumstances with our team of legal experts in a free, no-obligation consultation. So call us today on the number below.

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A Guide To Whiplash Injury Claims Against Churchill

The injuries and inconvenience of the likes of a road traffic accident can throw your life off balance. You may find yourself asking questions such as:

  • What is whiplash?
  • Can I receive compensation for a whiplash injury?
  • Does car insurance cover whiplash?

These are just some examples of the questions answered by our advisors on a daily basis. While whiplash injuries are the most common injury sustained in car accidents, there is potential for whiplash to be sustained in a variety of different activities, such as contact sports, criminal assaults, accidents at work or slip, trip or fall injuries. This, therefore, means that a personal injury claim could be made for almost any form of accident, provided it can be established that it happened because of negligence.

In such scenarios, it must be proven that:

  • The claimant sustained a whiplash injury;
  • As a result of the breach of duty, or negligence, of a third party;
  • The third-party owed the claimant a duty of care.

To pursue a claim against Churchill insurance, the negligent third party needs to have an insurance policy provided by them. If they’re insured by another firm, you can pursue a claim against them.  

One key detail relevant to all personal injury claims is the statutory time limit. From the date of the accident, you have just three years to issue your claim. The longer you leave it, the harder it will be to succeed in your case and the less likely it will be to find a solicitor who can help you. We, therefore, recommend seeking legal advice as soon as possible. We can help you in that regard. Simply call us on the number at the top of this page.

What Is Whiplash?

Generally speaking, whiplash is a type of injury caused by sudden or extreme movement in the head and neck region, according to this information by the NHS. This is perhaps the most common injury suffered in a collision. Unlike more severe injuries suffered in collisions, such as lacerations or fractures, whiplash injuries may not immediately present themselves. In most cases, it could take up to a day for symptoms of whiplash to become apparent.

When symptoms do surface, they can present themselves in several different ways:

  • Muscle spasms, numbness, or pins and needles predominantly in the arms and shoulders.
  • Headaches.
  • Eye pain.
  • Stiffness/difficulty in moving the neck (minor to severe).
  • Dizziness.
  • Loss of motion in the neck.

However, there are other symptoms which, although less common, are still prominent indicators of a whiplash injury. These include:

  • Blurred vision.
  • Depression.
  • Memory loss.
  • Tinnitus.
  • Disturbed sleep.
  • Concentration difficulties.
  • Irritability.

How the injury will be treated is very much dependent on the severity of the pain experienced. This could be something as simple as taking over-the-counter pain medication, such as paracetamol and/or ibuprofen. In more severe cases where the whiplash has not been resolved within a couple of months, a person may need to seek help from a physiotherapist.

When a person comes to experience any two of the symptoms described above, it may be that they are suffering from whiplash. This could, therefore, be construed as a case for whiplash by a personal injury solicitor. For more information about how whiplash can be treated, click here.

Should I Claim Against My Own Or The Other Drivers Insurance?

It is not possible to claim against your own insurance for an accident that was your fault. If you were involved in an accident that wasn’t your fault, you should claim against the negligent third party’s insurance. In Churchill insurance accident claims, if the negligent driver is insured by Churchill, you could pursue a claim against them. This means that your insurance would not be affected by the incident.

However, it should be noted that if a person in your car suffered a whiplash injury then there is potential for the passenger to claim against you, which could affect your premium.

What You Need To Know About Insurance Claims

According to data from the Financial Conduct Authority (FCA), a claimant could, on average, receive triple the settlement amount if they:

  1. Utilise a personal injury lawyer with experience specific to whiplash claims.
  2. Refuse the initial settlement offer given by the insurance provider.

Who Pays In A 50/50 Split?

If for whatever reason you are found to be completely at fault for the accident, then, unfortunately, you will not be able to make a compensation claim.

In some cases, however, where you may be partially at fault, there is potential for a knock-for-knock claim to be made. This simply means that both drivers would admit some level of responsibility for the accident, or no agreement can be reached between both parties. In such circumstances, the Churchill car insurance accident line would need to settle the agreement on a knock-for-knock basis.

There is a wide range of benefits to a claim such as this is, such as the overall financial costs it saves in legal fees. It could also help settle the matter in a shorter space of time too. However, this type of agreement does run the risk of affecting the driver’s future insurance premiums, which is something that should be kept in mind.

Should I Take The First Compensation Settlement Offer?

In some personal injury claims, your insurance company may approach you with a pre-medical settlement offer. If you did choose to accept this offer, no medical evidence would be required in order for the claim to be settled.

It may be worth noting, however, that although an initial offer may appear attractive at first glance, you could be entitled to a much higher sum after a medical assessment has been conducted. As your personal injury lawyer will explain when you come to make a claim, while it may seem less stressful to accept your first offer, it would be much wiser to consider your options and the benefits of pursuing a No Win, No Fee personal injury claim.

There are various points to take into consideration. These include:

  1. You have the right to seek additional assistance from a personal injury solicitor to pursue the case further. 
  2. A medical assessment could prove more beneficial in the long run by providing supporting evidence to justify a higher settlement amount. The report produced from a whiplash assessment will be a vital piece of evidence in your personal injury claim.
  3. There is no need to settle with a solicitor provided by your insurance company. You could use a solicitor sought through your own efforts, as opposed to limiting yourself to your first option.
  4. There is plenty of time to decide whether you want to pursue a whiplash claim. Generally speaking, the typical personal injury claims time limit is 3 years from the date the accident occurred. You should be aware that there may be some additional pressure from the insurance company to accept any offers given to you by the Churchill car insurance accident line, however, you do not need to accept these offers.

In addition to the points listed above, we recommend to all our clients not to sign anything, especially official documents, until they are fully aware of the terms and conditions associated with the document in question. If you are unsure about an offer or any of the information received by an insurance company, contact our friendly advisors today. Our expert team could offer you guidance and support to help you make an informed decision.

What Is A Pre-Medical Offer?

When you come to make a Churchill whiplash claim, you may be faced with the difficult question of whether or not to accept a pre-medical settlement offer. This may seem tempting, as by accepting the pre-medical offer you will no longer have to undergo a medical assessment. However, by opting out of this clinical examination, you could miss out on a higher settlement.

Some insurers will make offers such as these once the defendant admits liability. An offer such as this could also be made to:

  • Save money on legal fees
  • Save money on medical assessment expenses
  • Resolve matters quickly

However, by doing so you may receive much less than you would from making a Churchill whiplash claim. More often than not, a personal injury solicitor will advise you to carry on with your personal injury claim in order to receive the highest compensation amount possible. By obtaining a detailed medical report of your injuries, you could accurately show the extent of all your injuries sustained. For example, this report may show:

  • Your short-term prognosis.
  • Your long-term prognosis.
  • How long symptoms are likely to last.
  • The severity of the symptoms suffered.

However, in-spite of these benefits, there are a plethora of reasons to opt-out of this decision. For example, by taking a pre-medical offer you could be left with fees for further medical treatment required later down the line, such as physiotherapy. You may also miss out on compensation for wage loss, travel expenses and any other forms of medical expenses.

If you would like further information about pre-medical offers or you have any queries about the information provided above, please do not hesitate to call our friendly advisors on the number at the bottom of this guide.

Calculating Churchill Insurance Compensation For A Whiplash Injury

It is not uncommon for someone to seek out an online personal injury claims calculator in order to gain a rough idea of how much they could be entitled to. However, where online calculators may provide a general estimate of the potential settlement amount, a conversation with one of our advisors could provide more specific advice unique to your case. In the table below, you will find some figures of how much could be awarded for certain injuries. These figures 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.

The figures above demonstrate how important a medical assessment can be and what impact it could have on your total settlement amount. For more information about how much your claim could be worth and what your medical assessment may involve, call us today.

What Else Could Churchill Compensate Me For?

In addition to whiplash and back pain, a Churchill insurance accident claim could compensate you for any financial losses or expenses that you have incurred as a result of your injury. Some of the losses you can recover include: 

  • Loss Of Income – If you were forced to take time off work for medical appointments or to recover from your injuries, you could receive compensation for any earnings lost in the process. This can include both short-term and long-term losses.
  • Travel Expenses – You could be required to travel to and from doctors’ appointments and/or treatments during any claim or may need an alternate method of travel if your injuries prevent you from driving.
  • Medical Costs – Persistent over-the-counter prescriptions and treatments can build up as time goes on. Even if you receive free treatment from the NHS, you could still claim compensation for medical expenses. It may also be possible to claim compensation for private healthcare treatments.
  • Care Costs – If you need to be cared for by a professional carer while recovering from your injuries, you could seek the costs back as part of your claim.
  • Damage To Personal Property – If your personal items were damaged during your accident, you could claim a settlement amount to repair or replace the item with. This could be anything from clothes and jewellery to your mobile phone.

The elements listed above are commonly referred to as “special damages”. A claim for this type of compensation is designed to ensure that the claimant is in a comfortable position after receiving the settlement amount.

To enhance your claim for special damages, we recommend that you provide supporting evidence. This should include receipts and bank statements to prove how much has been spent and on what areas. If you are unsure about what to include as supporting evidence or what could be claimed for, feel free to call our friendly advisors today. They will be able to answer your questions and point you towards additional information.

No Win, No Fee Claims Against Churchill Insurance

A ‘No Win, No Fee’ claim is commonly seen as a risk-reducing method of claiming compensation. With a No Win, No Fee claim, you do not have to pay any fees upfront or during the claim, and if your case does not succeed, 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 fees. This contribution is known as a success fee and would be deducted from your compensation awarded at the end of the claim. Success fees are legally capped and will be agreed with you before the claim begins.

Speak To Legal Expert Today

We hope that this guide has provided you with enough information to begin your Churchill insurance accident claim with a personal injury lawyer from our expert team. If you have any further questions or queries regarding personal injury claims, you can contact us at any time by:

Regardless of what contact method you choose, we will begin by offering you a free, no-obligation consultation of your claim. This will involve a discussion of what has happened to you, who could be held liable and what evidence you will need to support your case.

Our solicitors have 30 years’ experience in handling personal injury claims. We could help you secure compensation for your suffering, all you have to do is contact us.

Guides And Other References

To help you understand whiplash claims further, we have included some additional reading which could be of use to you.

Whiplash Management – A useful guide by NICE on how to manage a whiplash injury and when to seek medical attention.

Neck Pain – NHS advice on how you can ease neck pain yourself from home.

Whiplash Reforms Programme – A Government informed guide which instructs how whiplash reforms can reduce insurance costs for motorists.

Road Traffic Accident Solicitors – How could a solicitor assist you in conducting a personal injury claim for an RTA?

Back Injury At Work – A useful guide to how much a person could receive for a back injury at work.

PTSD Compensation Claims – When could a sufferer of post-traumatic stress disorder receive compensation?

Other Guides You Can Read

 

Written by Hayes

Edited by Billing