Top Reasons For Not Getting Whiplash Claims

By: evelyn | Date: 2020-10-06

When it comes to the injuries conceived in a car accident, whiplash injury holds the mark. It is one of the most commonly conceived injuries in any type of road accident. A minor whiplash injury, that can be treated at home, to severe cases of neck damage has been reported in car accidents. But there is one thing you should always have in your mind: you are legally entitled to get a whiplash injury claim. Yes, you can claim compensation if you have conceived a whiplash injury in a car accident that was not your fault but you need to keep these different reasons for not getting a whiplash claim in mind while filing your claims.

When it comes to getting a whiplash injury claim, it is not easy money. You have to go through a delicate procedure to make a claim. Any mistake can cost you a lot and you may be deprived of your money. To protect you from losing your right, we have decided to reveal some top reasons for not getting whiplash claims. It also includes the reasons why people get less than they deserve. So let us get started.

Failing To Exchange Details

So the claims procedure starts from the time you get into an accident. Confused? Let me make it clear. When you get into an accident, the most important thing, besides calling emergency help services, is to get the details of the other party. It is because you will use this information on later stages to contact the other party to make your whiplash injury claim. 

So you have to get, at least, the name, address, phone number and the insurance details of the other party. If you fail to get these details, you may make it difficult for you to get your claim. 

Missing The Witnesses’ Statement

If you have been in a car accident, you should look around to see if anyone has witnessed the accident. If you find a person, approach and get the proper details. It will help you contact them when making a claim.

The statement of witnesses holds value when it comes to getting your whiplash injury compensation. If you have witnessed in your favour, you make it easier for you to get compensation. 

People often overlook the witnesses at the time of the accident. This the worst you can do to your case. You are losing an important piece of evidence just because of your negligence. So, always get connected to those who have witnessed the accident and ask them for their details such as their names, phone numbers and addresses etc. Otherwise, you may lose your compensation money.

Avoiding Medical Treatment

There are some cases of whiplash injury that are not serious. So they can be treated at home by following some home remedies. But that does not mean you should treat it at home. If you do not go to a medical professional, it becomes too difficult to estimate the amount of compensation. 

Your whiplash injury compensation includes the amount of your medical treatment and all other expenses associated with it such as travelling. But when you show negligence in getting your treatment, you have two main problems. 

  • You do not have enough medical proof to prove your injury
  • You cannot estimate your amount of compensation.

It weakens your case and people fail to get whiplash injury claim in such cases. Even if you are lucky enough to get your claim, it will not be enough to cover all your expenses.

Neglecting Time Limit

Another reason for not getting whiplash injury claims is that they often neglect the time limit of making a claim. You do not have unlimited time to make a claim. After the date of knowledge, you have three years to get your compensation. 

Most of the people think this is plenty of time. So they wait too much to make their claim. But doing it can result in weakening their case over time. The insurance company can legally deny your claim money if the three years time limit has passed. So always make your claim when you are done with your medical treatment and collect the important pieces of evidence. 

Filing Too Early

Waiting too long is bad, so perhaps filing too soon is a good idea. Nah, DO NOT make this mistake ever. Some people are too eager to get compensation. So they make their claim without collecting all the important pieces of evidence. 

Whiplash injury takes time to heal. If you make your claim too quickly, while getting your treatment, you may get compensation for the previously borne expenses. While you may have to continue your treatment in the future. So you will not be able to get the amount of compensation that covers all these expenses.

So neither show hurries in making a claim nor wait for too long. Both cases can have negative outcomes. So make your whiplash injury claim when you are done with getting your treatment. 

Giving Recorded Statement

Insurance adjusters look too cooperative and friendly. But do not get carried away by this behaviour. They may look like your well-wishers but they work against you. They are cunning enough to get the information from you that can be used against you when it comes to getting your claim.

One of the tactics they use is to demand from you the recorded statement from you about the accident. You are not legally bound to give them any recorded statement. So you can politely refuse it. Only give your statement before consulting your injury claim specialists. 

If you give any recorded statement before consulting a professional, you may put yourself in trouble. It is because the information can be used against you to deny or reduce your amount of whiplash injury compensation.

Lack of Documentation

Documentation is the key to success. Proper documentation of every piece of the evidence is crucial for getting your compensation. In this way, you can play the right card at the right time to win your case. 

The other reasons for not getting whiplash claims is that people do not maintain a proper record of all the evidence they have. In this way, they cannot prove their innocence and fail to get their right. Here are a few examples of the evidence you should have.

  • Details about the other driver
  • Statement of witnesses
  • Your medical reports
  • The police report of the accident
  • Medical receipts
  • Record of travelling expenses you bore while getting your treatment
  • Proof of loss of earnings
  • CCTV footage of the accident (if available)
  • Pictures of the accident

If you have all the documentation mentioned above, you have a strong case of a whiplash injury claim. In this way, have more chances of getting your claim money. 

Taking It In Your Own Hands

Injury claims management is not easy. You have to be vigilant throughout the claims process and tackle the cunning strategies of the insurance claims adjuster. But only having superficial knowledge about claims management is not going to help you. You have to know in depth to make your claim successfully. But not everyone knows about it.

Despite this fact, people still take their cases in their own hands. As a result, they end up losing their whiplash injury claim money. So it is not a good idea to take it in your own hands. Always hire an injury claim specialist to deal with your case.

They are the experts in claims management and know-how to effectively deal with the insurance adjusters. Using their years of experience in claims management, they help you get compensation for your injury. So never take the case in your own hands. Let the professionals do the job for you.

Accepting Initial Offers

It is not actually the mistake by which people lose their amount of compensation. But they get less than they deserve by accepting the initial offers by the insurance claims adjuster. You can demand more based on the proofs you provide.

When you make a claim, the insurance adjuster investigates your case. After the initial investigation, a lot of adjusters make an initial settlement offer. This offer is usually not enough to cover all the expenses. You are not bound to accept the offer and you have the right to demand more. 

But people, unaware of this fact, often accept this offer and settle their case. So no matter how persuasive the adjuster is, never accept this offer unless you know it is the rightful amount for you.

Do Not Filing A Claim Against Uninsured Driver

One of the biggest mistakes people make when getting into an accident against an uninsured driver is that they do not get the details of the other party. It is because they believe that they cannot make a claim against an uninsured driver. But that is not true at all. If the fault was not yours, you can make a claim whether the driver was insured or not.

It is always a good idea to talk to injury claim specialists to make a claim on your behalf. There are some changings in the procedure of making a whiplash injury claim against an uninsured driver. So it is better to hire specialists to handle your case than taking it in your own hands. 

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