whiplash injury claim

Whiplash Injury Claim: How can I prove who was at fault for my RTA?

Whiplash Injury Claim Question

A few months ago I was waiting in a line of traffic at a set of red lights when my car was violently shunted forward forcing my car into the back of another vehicle. I took the details of the driver in front and behind – the driver who hit my car apologized for the accident.  A few hours later my neck started causing me pain and stiffness. I went to hospital accident and emergency and was diagnosed with minor whiplash.

How can I prove legal liability, so that I can make a whiplash injury claim?

Whiplash injury claim solicitor response

Although the description of your accident might seem a little complex – it is not, in actual fact it is quite common that one vehicle will be shunted into another in a line of traffic or at a set of traffic lights.

To prove that a driver was at fault for your whiplash injury claim you need take the following steps:

1. Look at the page on our website explaining how to prove your RTA claim

See our car accident claim article that will take you step-by-step through the process of proving a road traffic accident claim in the UK.

Remember – a whiplash injury claim is a type of road traffic accident claim and as such follows the same procedure.

From that the description you have given it appears that the only person at fault was the driver who collided with your vehicle and it was this driver who broke the Highway Code, so the damage to your car and that of the vehicle in front together with any injuries you have, including whiplash, and any injuries the driver in front has – are all the responsibility of the driver who collided with your vehicle.

whiplash injury compensation claim

Whiplash Injury Compensation Claim

2. Consider the witness evidence on the day of your road accident that will support who was at fault for your whiplash injury claim

You explained that the  driver who collided with your vehicle apologised for the accident. This may be considered an admission of liability, which can be used in evidence to help prove that the driver was at fault.

As another vehicle was involved in your accident – the other driver involved may also have heard this admission of fault.

Should the driver at fault attempt to deny responsibility for the accident: a witness statement from yourself and the other driver involved in the collision, together with any other witnesses, would support this admission of fault.

3. Consider the evidence you can rely on to show how your traffic accident occurred

See our motorcycle accident claim article, which sets out the evidence that you can rely on to show how a road traffic accident occurred.

4. Use a specialist UK whiplash injury claim solicitor to make your compensation claim

Even the most simple of road accidents can become complex when you act on your own behalf to make a compensation claim. Often you may not consider all of your injuries and financial losses that may be included as part of your claim and you may even say or write something which could prejudice your claim.

We recommend you first consider using a specialist whiplash compensation solicitor to help make your claim for compensation.

See our personal injury lawyer article to see how to choose a specialist RTA solicitor to make your claim for compensation.

Using a no win no fee agreement you can make a claim using a solicitor without paying any solicitor fees upfront.

5. Discuss your whiplash injury claim with a specialist solicitor free of charge

We offer free online legal help, which includes a specialist solicitor callback to discuss your whiplash injury claim.