Can you still make a claim for a whiplash injury sustained whilst travelling as a rear seat passenger if you were not wearing a seatbelt?

If you have been involved in a road traffic accident and have sustained a whiplash injury whilst you were travelling as a rear seat passenger and were not wearing a seatbelt, you may be wondering whether you can still make a claim for whiplash and, if so, whether your compensation will be affected. This article seeks to answer these questions as well as explaining how a rear seat whiplash injury is caused.

A whiplash injury – whether the accident victim is seated in the front or rear of the vehicle at the time of the collision – is caused when the head and neck are forcefully and suddenly thrown back and forth as a result of a collision. These abrupt movements cause the soft-tissue and ligaments in the neck to be stretched beyond their usual range of movement which will often result in pain and discomfort. Common causes of whiplash injuries are where one vehicle collides with the back of a stationary, or slow moving, vehicle.

The law states that where a seat belt is fitted in the rear it must be worn by the rear seat passenger. Although seat belts can often be attributed to causing or exacerbating whiplash injuries by causing the head and neck to snap backwards, the consequences of not wearing a rear seatbelt can be far more severe, even fatal, for both the passenger and the person seated in front of them. It is therefore vital that seatbelts are worn at all times, not only to abide by the law, but to reduce the risk of serious injury being sustained.

If you were not wearing a rear seatbelt at the time of a collision and have suffered a whiplash injury you may still be able to make a claim for compensation, however, the amount of compensation you receive for your injuries may be reduced by up to 25% to reflect the part you have played in causing your injuries to have been sustained.

Although it may ultimately be reduced (as described above), your compensation will still be calculated in the same way as an ‘ordinary’ whiplash claim. Your solicitor will arrange for you to attend an appointment with an independent medical expert who will assess your injuries and prepare a report detailing the same. Your solicitor will study the medical report and will compare your injuries with Claimants in previously settled cases who have sustained similar injuries to your own and who have taken a similar amount of time to recover. They will also refer to a book called the Judicial Studies Board Guidelines to assess the value of your claim. Your solicitor will then disclose a copy of your medical report to the third party’s solicitor and begin to negotiate settlement of your claim.

In summary, it is vital that you always wear a seat belt – front or rear – when you are travelling in a motor vehicle to reduce the risk of suffering serious injury. However, if you have suffered a whiplash injury whilst travelling as a rear seat passenger and were not wearing a seat belt you may still claim compensation for your injuries but it is highly likely that you compensation will be reduced to reflect the fact that you were not wearing a seatbelt.

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