Claiming After a Neck Injury Car Accident

It’s hard to know after a motor vehicle accident if your claim will be successful. If you’re looking for a law firm who specialise in whiplash injuries, you’ve come to the right place. We’ve put together all the information you’ll need to know before submitting a claim. Including all the evidence needed for you to make a successful claim.

Claiming after a neck injury car accident can be daunting. But with professional support, your claim will more likely be successful. That’s because the claim process usually involves more than one party. This can include your insurance company, a defence lawyer and the other party to the accident. As such, things get complicated. So here’s the lowdown on everything you need to know before you claim!

Neck Injury Car Accident

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The Basics

To receive compensation, there must be another party involved to claim against. This varies with every neck injury car accident claim. The most common claims reclaim money from the insurance company. This could either be a recovery of money due to personal injury or damaged property, or for other reasons like loss of quality of life. Even if you are at fault, compensation can still be available. Claiming for physical injury is also referred to as Personal Injury Protection insurance. Going up against an insurance company can be tricky, but not impossible.

Other claimants with neck injuries opt seek compensation from other people or organizations. This includes other drivers or companies who own the vehicles involved in the incident. This could for example be a trucking company that failed to ensure their vehicles were safe. The list is endless due to the diversity of claims. Yet, if there were no other parties involved it will fall down to your insurance to foot the bill. If this is the case and you’re found to be at fault, it’s likely that your claim will be unsuccessful.


If the other party was at fault in an accident, you will be able to claim from their insurance company. If they weren’t at fault you will need to seek compensation from your insurance. It is the job of the insurance company to negotiate you down and invalidate your claim. It is only with significant training and experience that lawyers can prove liability. Once your lawyer settles the liability, the next step is to negotiate the entitlement.

Your liability will come down to different factors surrounding the incident.

  • Did the other party do something to make the crash happen?
  • Was the other party ‘guilty by omission’, in that they didn’t do something to avoid the crash that they reasonably could have?
  • Did the other driver slam on their brakes?
  • Did the other driver fail to signal as they swerved into your lane?
  • Was a taillight out on the other persons car?
  • Were they paying attention to the road?
  • Were they on their mobile phone or caught up in any other distractions?
  • Did the other drivers breaks fail to slow them down in time?

Incidents can happen in the blink of an eye. Yet remembering as much detail as possible is crucial to a successful claim, which is why video, photo and witness evidence is so important.

Claiming From an Organization After Neck Injury Car Accident

These claims can get a little complex compared to going against another driver. Larger organizations are likely to have bigger legal firms at their disposal. Yet, if they’re at fault, the truth will come out in court. Big companies like to play hard-ball, but so do we. They understand that it’s not only a financial loss they will suffer. It will also make a massive impact on their brand reputation.

The most common example is going against trucking and haulage firms. Remember, it is the driver that causes the accident, yet it is the company that has to pay as they are the ones liable. This may be due to the haulage company enforcing rules that do not allow drivers to stop when they are tired, for example.

You have to be able to prove their liability

Your personal injury attorney will believe you that the other party is liable. But insurance companies won’t. Proving liability is a crucial key to unlocking a successful claim.

But how do you prove liability?

There are two ways to go about it.

  1. Draw on witnesses to back up your statement. Without witnesses it’s your word against the other parties. Corroborating witnesses are one of two ways to even the playing field. Witnesses or third parties can testify that another driving caused an incident. This can be due to reckless driving, failing to use taillights or using their phone while driving.
  2. Dashcams. More and more people are investing in Dash cams, they have become very popular in recent years. Visual evidence is irrefutable in court. Making these devices beneficial if you happen to be in an accident. It’s never too late to invest in a dash cam.

Prove the Impact of Your Neck Injury Car Accident

Without proof that the incident has left you with injury and loss there is no claim. Compensation after a motoring incident is also referred to as ‘receiving damages’. These damages may have affected you physically or financially due to material damage. The most common and most obvious reason to claim is material damage to your vehicle. The amount awarded will relate to the value of your car and the impact of the damage.

You can also claim for physical damages and expenses. This could be anything from a broken bone to whiplash. When it comes to whiplash there are three main categories. Mild, Moderate and Severe. Whichever category you fall into will determine the sum of money you’re entitled to. The figure will depend on factors such as hospital fees and missed work due to injury. There is no ballpark figure, it is all based upon your individual circumstances. Settlements are also dependent on the representation you seek. A good personal injury will prepare for any curve balls and negotiate best terms.

Get in Touch Today!

If you’re still unsure about making a claim after a neck injury car accident, or wondering if your claim would stand up in court contact Malnar Law, P.C. today. He’s been fighting the good fight for over 10 years, and all on a no-win no-fee basis.