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The 6 Most Common Reasons Why A Whiplash Claim Can Take So Long?

By Nick Jervis

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Published: 05Nov2009
Word count: 630
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This article explores some of the reasons why a whiplash claim can take some time to be settled.

1. Getting Better.

This is by far the most important consideration following a car accident. Whereas the purpose of compensation is to try and put you back into the same position you were in prior to the accident, in reality this can never happen if you do not make a full recovery. The compensation cannot make you better, often only treatment and time can.

For your solicitor to be able to settle your claim for compensation they must be confident that you have made a full recovery from your injuries so that they can fully assess the impact of the accident and injury for you. If you are receiving ongoing treatment after the accident your solicitor will probably wait until this treatment has been concluded and a medical report obtained before settling your claim. If you have suffered a severe whiplash injury it might be many months before you have made a full recovery and this can lead to the delay in settling your claim.

2. Obtaining Evidence.

Your solicitor has to obtain evidence to support your accident claim in two key areas, liability (ie proving that the accident was the other driver's fault) and medical (from an Orthopaedic Surgeon or General Practitioner to confirm your injuries).

Liability evidence can include police accident reports, witness statements and even evidence from sometimes from an accident reconstruction expert.

Medical evidence is usually obtained a few months after the date of the accident so that the expert can either confirm the full extent of your injuries (if you have made a full recovery) or suggest any treatment that might be needed to improve your medical condition.

Obtaining this evidence can take some weeks or even months.

3. The Other Driver's Representatives.

Delays can occur when contacting the other driver's insurance company or solicitor. These delays can be significant and can occur for a number of reasons, including junior or inexperienced staff or someone having too high a workload to manage. Either way, if your solicitor is constantly chasing progress or settlement offers the only option he will have is to issue court proceedings so that the other side will have to follow a strict timetable.

4. Your Own Representative.

Sometimes your own solicitor might have too many cases to handle and might struggle to stay on top of them all. This can have a detrimental impact on your own claim. Sometimes you can change your solicitor within the same firm or on occasions you might have to ask another law firm to help you with your whiplash claim.

5. You.

If your solicitor has requested information from you about your pain and suffering as a result of the whiplash claim, or for more information about your expenses or lost earnings, any delay in returning this to them will prevent them from being able to settle your claim. The sooner you can respond to your solicitors requests for information the sooner your solicitor can progress your claim for you.

6. Settlement Is Final.

If you accept an offer in settlement of your claim it is a final offer. You cannot decide to go back for more compensation if your whiplash pain continues for longer than you expected it to. Therefore, it is essential that you only accept a reasonable offer in settlement of your claim. Of course your solicitor will tell you what a fair offer is but it may take some time to receive one from the other party.

In summary, there can be a number of reasons why a whiplash claim takes so long to settle. However, the reality is that these days they are settled far more quickly. Many claims now settle within weeks or months.

Need expert Accident Whiplash Solicitors? Nicholas Jervis is a Solicitor (non-practising) and consultant to Redhill Solicitors Gray Hooper Holt.

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