Car Accident Whiplash Claim: Implications Of A Second RTA Causing Further Whiplash

UK solicitor explains the implications of having two successive road traffic accidents in succession both of which caused whiplash neck injuries

Car accident victim question

I was involved in a road traffic accident at the beginning of 2011 from which I suffered whiplash and have a solicitor acting on my behalf. My solicitor has obtained medical evidence, but my claim has yet to settle. The medical evidence indicates on going symptoms for a 12 month period.

In June 2011 I had a second road traffic accident and I have received an offer of compensation direct from the third party driver’s insurers.

If I accept this offer will it affect my first claim?

Road traffic accident solicitor response

You have a solicitor acting on your behalf for your first road traffic accident – it is therefore essential that you notify that solicitor of your second accident before considering settlement of the second claim.

The second accident could be considered what is known in legal terms as a “novus actus interviens” – this is another way of saying that the second road traffic accident could break the chain of medical causation of the first road traffic accident. In other words – your symptoms of whiplash from the first accident might be limited only until the date of the second accident and so your claim could be limited to effectively 6 months of symptoms.

Alternatively, your second accident might have caused totally separate injuries.

The only way to know this is to speak with your solicitor and have the same medical expert examine you following the second accident to complete a report distinguishing the nature of the injuries between the two accidents.

By including your solicitor you will ensure that you will receive the correct amount of compensation for both road traffic accidents and you will not compromise one claim at the expense of the other.

To see the amounts of compensation you can claim for your whiplash injuries click whiplash injury compensation amounts.

Should you wish to arrange a free call back from me in person or have your claim assessed online click car accident solicitor.

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