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Esure Insurance Claims Guide – How To Claim Compensation For Whiplash

How To Make An Esure Whiplash Claim

Whiplash is a common injury caused by road traffic accidents. However, you might not realise that it can occur as a result of many different accidents too. In this guide, we’ll explain what whiplash is and when you might be entitled to compensation for it. We’ll also explain the process for making Esure whiplash claims if somebody else’s negligence caused your injuries and they had an Esure insurance policy.

Whiplash compensation claims against esure guide

Here at Legal Expert, we’re happy to provide free advice about Esure personal injury claims and a no-obligation assessment of your claim. Also, our personal injury solicitors offer a No Win, No Fee service for all claims they take on. To speak with an advisor today, please call 0800 073 8804. There’s no pressure to continue on to a claim, so you’ve got nothing to lose.

If you’d like to find out more about Esure injury claims before calling us, please continue reading.

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A Guide To Esure Whiplash Claims

Whiplash is one of the most common injuries sustained in a road traffic accident, but it can be caused in a number of different ways, such as:

  • Any form of collision, from any direction.
  • Contact sports like rugby.
  • Physical assaults.
  • Falling from height.
  • Low-speed collisions.
  • An accident at work.

For a solicitor to take on your case and help you claim whiplash from an insurance company, they’ll usually want you to demonstrate that:

  • You suffered a whiplash injury (medical records can help prove this);
  • Because somebody else was negligent;
  • And that person owed you a duty of care.

You could make an Esure whiplash claim using our No Win, No Fee solicitors if the responsible party had an insurance policy with that insurer. Our solicitors have decades of’ experience handling personal injury claims and have the knowledge and experience to know what evidence is required to support a claim. As well as making your claim for you, they’ll keep you updated regularly throughout and will strive to get you the maximum amount of compensation possible..

Another thing to consider when making Esure whiplash claims is the personal injury claims time limit. This is generally 3-years from the date of your accident or from when your injuries are diagnosed.

Below, we’re going to explain what whiplash injuries are, when somebody else could be liable for your injuries and how much compensation you could be paid.

Understanding What Whiplash Is

According to the NHS, whiplash is caused when a collision or impact causes the sudden movement of the head. You should take care for a few hours after an accident as the symptoms of whiplash might not be immediately obvious.

Some of the common symptoms of whiplash include:

  • Pain in the neck and surrounding area.
  • Stiffness of the head and neck. This can make it difficult to move your head.
  • Muscle spasms and pain in the arms and shoulders.
  • Light to severe headaches.

The NHS advice for whiplash injuries is not to rest your neck for long periods as this does not help recovery. In fact, they recommend that you try to continue with everyday activities. Although this might be painful, it may speed up recovery. They advise taking ibuprofen or paracetamol to help reduce the severity of the symptoms of whiplash injuries.

Although the advice from the NHS website is useful, we’d recommend that you visit a GP or your local accident and emergency room for any injuries sustained. This will ensure you receive the correct treatment and medication to ease your symptoms. Furthermore, medical records produced by your doctor could be used to support your claim as they could prove you were injured as well as detailing the extent of those injuries.

Should I Make A Whiplash Injury Claim Through My Own Policy?

When you’re making a personal injury claim for whiplash, you might think it’s easier to claim against your own insurance policy. However, if another driver was negligent, we recommend the claim is made against their policy. This will mean your insurance policy and policy excess shouldn’t be affected by your claim.

Also, when claiming against your own policy, you’ll usually need to pay a policy excess. Claiming against the other person’s policy means you won’t have to do so.

Furthermore, your insurance renewal shouldn’t be affected when you make a whiplash claim through the insurance company used by the other driver.

We recommend that if you’ve suffered a whiplash injury, wherever possible you should claim against the responsible person’s insurance policy rather than your own. We also suggest that you do so using one of our No Win, No Fee solicitors as you could receive more compensation (see the next section for more details on this).

If you’d like to discuss Esure whiplash claims with our team of specialist advisors, please call the number at the top of the screen today.

Insights Into Whiplash Claims Against Insurance Companies

Research from the Financial Conduct Authority has found out that people claiming for whiplash through insurance companies often receive more compensation if they hire their own personal injury lawyer and turn down the initial settlement offer made by the insurer.

An insurance company will be acting in their own interests which means that they’ll try to pay out as little compensation as possible. Essentially, any offer you receive directly from an insurer will probably be less than what you’d receive if you make a personal injury claim or your case is settled in court.

When using a specialist solicitor, they’ll probably be able to obtain more evidence to support your claim, particularly detailing the severity of your injuries and prognosis, thereby justifying higher compensation awards.

Split Liability And Knock-For-Knock Whiplash Claims

When making Esure whiplash claims (or claims against other insurance companies), you might end up making a knock-for-knock claim or a split liability claim. These two types of claims are not the same. Here is a brief explanation of each:

  • Knock-For-Knock – If you and the other driver involved agree that you were both liable for the accident, the insurance companies might agree to settle the claims on a knock-for-knock basis. This means that each company will pay its policyholder. Taking this approach to settling a claim means the insurance company will save money on legal fees. However, agreeing to this type of settlement could affect your insurance premium, no claims bonus and you’ll probably need to pay a policy excess charge.
  • Split Liability – A car insurance whiplash claim could be settled on a split-liability basis. That could be the case if you agree that you were partly to blame for the accident. You’ll usually settle on a 25:75, 50:50 or 75:25 per cent basis. Unlike knock-for-knock settlements, you’ll still claim against the other driver’s insurance policy, but your compensation amount will be reduced by the percentage of your liability.

If you need help understanding what whiplash insurance settlement method you need to use, please call for free advice on your options. Our advisors will help you to work out whether you had any liability for the accident or not. On that note, we’d advise you don’t verbally accept any form of liability at the scene of the accident or sign anything to say you were.

What Do I Need To Think About Before Accepting An Insurance Company’s Offer?

If you’re involved in a road traffic accident and suffer whiplash, the other driver’s insurance company might contact you and offer you a settlement directly. They’re legally allowed to do this, but it might not be in your best interests to accept their settlement.

Here are some things to consider if you’re approached about a whiplash car insurance settlement:

  • You’re under no obligation to accept any offer. In fact, if you do, you might receive less money than you would have had you used a personal injury solicitor.
  • If you do sign anything from an insurance company, make sure you understand what you’re signing for.
  • You can choose your own solicitor to help you claim. You don’t have to use one provided by an insurance company.
  • Don’t feel that you have to accept any settlement offer quickly. You have up to 3-years from the date of the accident to make your own claim.
  • Ensure you seek medical treatment and an assessment to understand what impact your injuries have had or will have on you in the future. This will help you to understand whether a settlement offer is fair.

We recommend that you contact us for a free assessment of your claim and to help you work out how much compensation you could be entitled to. Please call today for free advice.

Should I Accept Any Pre-Medical Offers?

When whiplash insurance claims are handled by a solicitor acting on your behalf, you’ll be assessed by an independent doctor to work out how your injuries have affected you. The compensation you claim will be based largely on this assessment.

However, if you are contacted by the other driver’s insurance company, they might offer you a pre-medical settlement. This means they’re offering to compensate you without any medical evidence of your injuries. The reason they might do this is to save themselves money.

Insurance companies understand what whiplash injuries could cost them based on previous compensation payments. Therefore, if you accept a pre-medical settlement offer, it might be for substantially less than what you’d receive if you use a personal injury solicitor to help make your claim with evidence to support you.

Some people accept pre-medical settlement offers because the offer of a quick payment might be tempting if they need the money. However, if you accept the early offer, you won’t be able to claim for any more compensation later on. This could be important if your injuries cause you to suffer in the long-term.

We recommend that you don’t accept a pre-medical settlement offer in any instance. A claim made by one of our personal injury solicitors will cover all of your injuries, your suffering, your costs and will include any suffering you’re likely to suffer in the future. Please call so that we can assess your case and try to help you claim the correct amount of compensation.

Esure Whiplash Compensation Claims Calculator

If you’re wondering how much compensation your claim could be worth, then take a look at the personal injury claims compensation calculator below. It shows several different injuries linked to road traffic accidents and whiplash claims. 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.

As you can see, each injury is compensated based on the severity. One of the main jobs of your solicitor is to prove how seriously each of your injuries was. As part of the claims process, they’ll obtain medical evidence from an independent doctor to try and establish this. Our team of personal injury solicitors are experts in making whiplash claims and have the experience to handle any objections made by the other driver’s insurance company. 

The amounts listed don’t provide the complete picture though because the figures quoted in the table are just one part of your claim. We’ll explain what else you could claim for in the next section of this guide.

What My Whiplash Insurance Claim Include?

If you are awarded compensation in an Esure whiplash claim, your package may consist of two heads of claim: general damages and special damages. General damages are designed to compensate you for the pain, suffering and loss of amenity inflicted by the injuries. We’ve covered the potential values of general damages in the table above.

Special damages are awarded to compensate you for any financial losses or expenses that you have incurred as a result of your injury. Some examples of what you can claim for include: :

  • Medical Expenses.
    Although the NHS provides free treatment, you might end up with other medical costs linked to your whiplash claim. These can include prescription costs, over the counter medicines and some non-NHS medical treatments. Any of these could be included in your compensation claim.
  • Travel Expenses.
    If you have to make multiple trips to your doctor while recovering from whiplash or you have to make alternative travel arrangements because your injuries prevent you from driving, you could include any additional expenses in your claim.
  • Care Costs.
    Some people require professional care while recovering from injuries linked to an accident. In some cases, the cost of the care could be claimed back.
  • Loss of Income.
    If your injuries mean you need time off from work to recover or to attend medical costs, you could claim any lost income back as part of your claim. If your injuries are long-term, you could also look to claim for future loss of income if they’ll affect your ability to work.
  • Damaged Personal Property.
    Finally, if any item of your personal property was damaged during the accident, you could ask for the cost of replacing or repairing the item. This could include clothing, jewellery or spectacles.

You should keep any receipts to prove any expenditure and you might also want to check with your solicitor before committing to any costs. They’ll be able to advise you whether you could claim the costs back. Finally, we recommend that you keep a log of any spending and how it was linked to your accident.

No Win, No Fee Esure Whiplash Claims

The main reason people use No Win, No Fee solicitors is to help reduce the financial risks involved with making a claim. In doing so, you also reduce the stress involved with claiming.

When you contact a solicitor to discuss Esure whiplash claims, they’ll assess your claim to see if you have a chance of being compensated. If they agree to take on your claim, you’ll both sign a Conditional Fee Agreement (CFA).

The CFA is your contract and it explains that:

  • You won’t have to pay any fees upfront or during the claim.
  • If your claim is unsuccessful you won’t 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 is known as a success fee and would be deducted from the compensation awarded at the end of the case.
  • Success fees are legally capped and the amount to pay will be set out in the CFA. 

Having a signed CFA means that there are no surprises at the end of your claim as everything is laid out in black and white before you agree to begin your claim.

To find out whether you could be entitled to make a No Win, No Fee whiplash compensation claim, please call and check with one of our friendly advisors.

Talk To Legal Expert Today

We hope that now you’ve read this guide about Esure whiplash claims, you’d like to use Legal Expert to make your claim. If that’s the case, you can contact us by:

We’re available to help you 24 hours a day, 7 days a week. When you get in touch one of our advisors will listen to the details of your claim. They’ll assess the evidence you have to support it and provide free advice on your options.

They’ll let you know if there’s any more information required before you begin your claim. However, if they think your case is strong enough then one of our personal injury solicitors could take on your claim. If the solicitor takes on your claim, they will do so on a No Win, No Fee basis.

Whiplash Claims Guides And Resources

Hopefully, now that you’ve come to the end of this guide, you have all the information about Esure whiplash claims that you’ll need. To help you further, we’ve provided some links to additional resources and guides below:

Motor Insurance Claims Process – A government consultation regarding how whiplash car insurance claims are handled and processed.

Neck Pain – This guide from the NHS explains what you can do to help reduce neck pains.

Road Accident and Safety Statistics – This useful resource, from the UK government, includes all sorts of data regarding road traffic accidents.

Road Traffic Accident Claims – A more detailed look at road traffic accidents which could lead to whiplash injuries.

Sporting Accident Claims – Here is a more in-depth look at what types of injuries can be sustained during a sporting event, including whiplash.

Physical Assault Claims – Another way in which a whiplash injury could occur is when you’re assaulted. This guide explains when and how you could make a claim.

Other Guides You Can Read

If you require any more information regarding an Esure insurance claim, please contact an advisor today.

 

Written by Hambridge

Edited by Billing