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How to make a whiplash claim in five easy steps

The whiplash reforms have changed the way you can make a whiplash claim. Here, our experts explain how you can make a claim in five easy steps.

07 June 2021

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Now that the Civil Liability Act and whiplash reforms are in place, knowing what to do, if you have a road traffic accident which causes you whiplash injuries, might be a bit confusing.

You can make a claim through the Official Injury Claim (OIC). This is a way of claiming compensation for whiplash injuries caused by a road traffic accident if your claim is valued at less than £5,000. If you choose this method, you'll be representing yourself as a ‘Litigant in Person’. A guide on how you use the OIC platform can be found here.

However, there are challenges which may be faced when representing yourself as a Litigant in Person, and representing yourself can be a daunting prospect and it may be a stressful and complex process.

Slater and Gordon have introduced the micase platform which enables you to make a claim for whiplash and still get legal representation.

There are just five easy steps to making a claim through the micase platform:

1. Registering your claim

Firstly, you need to register your claim with micase by creating an account and completing a questionnaire which details your accident, your injuries and any financial losses you've incurred as a result - such as medical expenses and lost wages. We estimate that it shouldn't take more than approximately 10 minutes to complete the questionnaire, but if you're short on time, you can save where you're up to and return to it when you have more time. We'll also need you to provide proof of your ID and your address so we can verify your claim.

2. Submitting your claim

Once we have all of the information we need, we'll need to submit your claim. We do this by completing a form called a Small Claims Notification Form (SCNF) and where there are any rehabilitation needs, they will be identified at this stage of the process.

Once your claim has been submitted to the insurer of the driver at fault for the accident, they will have up to eight weeks to respond to confirm whether or not they accept responsibility for the accident.

We'll provide immediate updates through the micase platform, so you know what's happening with your case at all times and know when we require you to provide us with instructions.

3. Medical and valuation

We'll arrange a medial appointment with an expert to examine you and provide us with a report in support of your whiplash claim. Upon receipt of the report, we'll then be able to value your claim for pain, suffering and loss of amenity (enjoyment/quality of life).

The amount of compensation you'll be entitled to for pain, suffering and loss of amenity will depend upon the length of time your symptoms lasted and whether or not you've also suffered any minor psychological injuries as a result. The amounts range from £240 to £4,345 and there are uplifts available in certain circumstances. A full breakdown can be found in our article, 'How much do you get for a whiplash claim'.

We'll also add to your valuation any losses that you've advised us of. However, it's important to note that evidence in the form of receipts and invoices will be required.

4. Negotiations

We'll then enter into negotiations with the insurer of the driver at fault for the accident. We'll strive to get you the best possible settlement to your claim during the negotiation process.

We'll provide immediate updates through the micase platform, so you know what's happening with the negotiations at all times and know when we require you to provide us with instructions.

It's important to note that if negotiations don't result in an agreement, it might result in the case going to court. Please be rest assured, if you choose micase, Slater and Gordon will provide you with court representation.

5. Settlement

Once our negotiations have concluded and a settlement value agreed, you'll receive your compensation.

Why use micase rather than represent yourself as a 'Litigant in Person'?

It's entirely up to you whether you represent yourself as a Litigant in Person through the OIC portal or whether you choose representation by Slater and Gordon via micase.

However, it's important to note if you choose not to have legal representation and represent yourself as Litigant in Person, you'll have to carry out all the steps above yourself. Here's a copy of the OIC's guide to representing yourself as a Litigant in Person.

If you choose micase, there are a number of benefits:

  • It’s simple, straightforward and easy to use
  • You can track progress of your claim 24 hours a day, 7 days a week
  • You can access micase anywhere, on any device
  • No need to keep paperwork, your documents are all stored on the platform
  • Legal experts will represent you, dealing with all the complexities so you don’t have any additional stress
  • You’ll be charged a small percentage of your compensation if you win, so there’s no financial risk to you

If you've suffered whiplash injuries in a road traffic accident, register your details today on micase.

The above information was correct at the time of publication.

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