Can I make a claim for whiplash compensation if I was partly to blame for the accident?

Road traffic accidents happen for a variety of reasons and often there is more than one person at fault for causing a collision. A number of misjudgements or bad decisions taken by one or more drivers could mean that a collision ensues. So what should you do if you have been involved in an accident for which you were partly to blame? Are you still able to claim for whiplash compensation? This article addresses this question as well as looking at how compensation for whiplash is calculated and how any compensation you receive could be affected by your partial liability for the accident.

When you first instruct a solicitor to act for you in a whiplash compensation claim one of the first things they will do is consider the issue of liability – i.e. who was to blame for the accident. If necessary, they will look at evidence from witnesses and a police report (if available) and will, of course, discuss the matter in depth with you to establish the exact circumstances of the accident and how much of the blame for the accident you feel should be apportioned to you. Your solicitor will then liaise with the third party’s legal representative to try and reach agreement on the issue of liability. For example, it may be that liability for the accident is split on a 40/60% basis respectively between you and the other driver.

The amount of compensation awarded to you depends on how severe your whiplash injury is. Your solicitor will arrange for you to be seen by an independent medical expert who will carry out an assessment of your injuries, suggest any treatment required and will prepare a report detailing in full the injuries you have sustained. The medical expert will also provide a prognosis estimating how long it is likely to take you to recover from your injuries. Your solicitor will then send a copy of the medical report to the third party’s legal representative and invite offers in settlement of your claim.

When an offer in settlement has been received from the other side, and your solicitor advises you that it is a good offer and worthy of acceptance, the amount of compensation you actually receive will be reduced to reflect the fact that you have been found to be partly liable for the accident. For example, if your claim would have been worth £4000 on a 100% liability basis you may actually receive £2400 to reflect a 40% reduction for your portion of the blame (based on the example above).

To summarise, if you have suffered a whiplash injury in a road traffic accident for which you were partly to blame, do not be put off making a claim for whiplash compensation. Choose an expert whiplash injury solicitor to guide you through the process of making a claim and to advise you how your compensation will be affected.

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