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What is a whiplash injury claim?

Whiplash is an injury that affects the muscles, tendons, and soft tissues in your neck. It usually happens when your neck gets whipped back and forth or sideways really fast. Depending on how bad it is, you could also feel pain in your head, shoulders, back, arms, and hands.

Whiplash typically occurs in rear-end crashes, but it can happen in other motor accidents too. If you’re dealing with whiplash after an accident, a motor accident claim can help provide essential financial support.

Each state has its own rules for motor accident claims, so keep reading to learn the exact process in your state. If you’d prefer to speak to a lawyer right away, simply reach out. Our expert motor accident lawyers are ready to provide free advice on your situation.

Can I make a whiplash claim?

In Australia, every registered vehicle needs to have Compulsory Third Party (CTP) insurance. This lets you claim compensation if you’ve suffered whiplash in a road accident.

The great thing about CTP claims is that almost anyone injured on the road can make one, including:

  • Car drivers or passengers.
  • Pedestrians.
  • Cyclists or motorcyclists.
  • Public transport accident victims.

In NSW, Victoria, Tasmania, the ACT, and the Northern Territory, you can make a claim even if you were at fault. But in Queensland, South Australia and Western Australia, you can only claim compensation if you can prove that someone else caused the accident.

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What are some common examples of whiplash injuries?

Whiplash injuries can range from a minor sprain that gets better in a day or two, to severe long-term injuries. In our experience, here are some common whiplash injuries you might experience after a car accident:

  • Neck strain or sprain: this is the classic whiplash injury, where your neck muscles or ligaments get stretched or torn.
  • Cervical disc injury: the impact can cause the discs in your neck to bulge or herniate.
  • Facet joint injuries: these injuries affect the small joints at the back of your neck and can lead to stiffness and discomfort.
  • Nerve compression: sometimes, the whiplash can pinch nerves in your neck, leading to pain, tingling, or numbness that shoots down your arms.
  • Cervical radiculopathy: this happens when a nerve in your neck gets irritated or compressed, causing pain or weakness that radiates into your arms or hands.
  • Tension headaches: the strain from whiplash can trigger headaches, often caused by tight muscles in your neck and upper back.
  • Concussion: in more serious cases, the jolt can lead to a concussion, with symptoms like headaches, dizziness, or confusion.
  • Chronic pain: some people end up with long-lasting pain or other issues even after the initial injury seems to heal.

This is not a complete list — just some of the injuries we see most often.

Importantly, if you’re in pain but your scans are clear or your doctor won’t refer you for more tests, we’ve got your back. Our lawyers can connect you with a trusted doctor and provide free advice on whether you have a motor accident claim.

How much compensation will I get?

In NSW, you can make a whiplash claim even if the accident was your fault. How much compensation you receive depends on whether you have a threshold (minor) injury or a non-minor injury. Whiplash usually falls under the minor injury category, so you can claim for:

  • Lost income if you can’t work.
  • Hospital, medical, and rehab costs.
  • Help from friends, family, or professional care.

Plus, if your condition is serious and the accident was someone else’s fault, you might be able to file a common law damages claim. Depending on your specific situation, your compensation could include:

  • Lost earnings.
  • Future earning capacity.
  • Pain and suffering.
  • Reduced life expectancy.

Since these types of compensation don’t have a set dollar amount, you could receive a substantial lump sum settlement.

Want to know more about what you could claim? Check out our detailed road accident compensation guide.

What to do after an accident

After a road incident, your well-being should be your top priority. Get treatment for your whiplash and any other injuries first. Once that’s sorted, here are some steps you can take at the scene and shortly after:

At the scene (if possible)

  • Notify the police.
  • Collect contact information from any witnesses.
  • Take photos of the accident and the surrounding area.

After the accident:

  • Get a medical certificate for your whiplash and all other injuries, no matter how minor they seem.
  • Report the accident to the police if you haven’t already, and if public transport is involved, notify the transport company.
  • Reach out to a specialist motor accident lawyer to understand your rights and what you’re entitled to.

How much does it cost to make a claim?

  • No cost to you: your road accident claim is protected by our No Win No Fee guarantee, so you won’t pay a cent unless we win your case.
  • No upfront fees: unlike other firms, we cover all expenses for your claim, from medical reports to filing fees.
  • Lower legal fees: in most cases, we recover most of our fees from the other party, meaning you get to keep more of your compensation.
  • 90-day risk-free trial: we offer a 90-day free trial so you can see our work firsthand before committing. If you decide to cancel during this time, you won’t owe anything.
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The claims process

Every whiplash claim is different, and how it works depends on where you live and whether or not you’re at fault.

If you caused the accident and live in a state that allows at-fault claims, all you need to do is submit your claim with your insurer and wait for their response. Just make sure to include any relevant paperwork, like doctor’s reports and receipts for medical expenses.

If someone else was at fault, the claims process will be a bit different:

Before you start your claim, it’s a good idea to chat with an expert motor accident lawyer. We can help you understand your full entitlements and assess your chances of success.

In this free consultation, we’ll also check if you’re eligible for a common law damages claim, making sure you get the maximum compensation for your injuries.

To support your whiplash claim, you’ll need expert evidence. For fault-based claims, you’ll need proof of both your injuries and the other party’s liability — without this solid evidence, your claim might not be approved.

Importantly, you don’t have to put together this evidence yourself. We’ll use our national network of medical and liability experts to build you a strong, evidence-backed case. Best of all, we cover all the upfront costs, so there are no out-of-pocket expenses and nothing to pay until we win your case.

Once we’ve collected compelling evidence, we’ll help you lodge your whiplash claim with the other party’s insurer. If you qualify for a common law damages claim, we’ll also begin the court process at this point to maximise your compensation.

The insurer will contact you to confirm if your claim has been approved. Once it’s accepted, you should start receiving weekly payments right away. If your claim is denied or the insurer offers less compensation than you’re entitled to, we’ll help you appeal their decision to get the outcome you deserve.

If we’ve filed a common law damages claim for you, you’ll need to attend a mandatory pre-court mediation with the insurer. To make the process as smooth as possible, your lawyer will manage all negotiations, keeping things stress-free for you.

With our thorough preparation and experience in motor accident claims, there’s a good chance your case will settle during mediation. But if the insurer still won’t pay what you deserve, we’ll be ready to take your claim to court.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
Managing Partner
  • English
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Vanessa Azzi
Senior Associate
  • English, Arabic
  • Motor Vehicle Accidents, Public Liability, Work Injury Damages
Kathryn Morcos
Solicitor
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Madeleine Jennings
Paralegal
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
Meet more of the team

Frequently asked questions

If you’ve been in a car accident, here are some common symptoms of whiplash to look out for:

  • Neck pain and stiffness: this is the most common issue and can range from a little soreness to serious, nagging pain. In tougher cases, it can make it hard to move your neck at all.
  • Headaches: the force of the impact can make your brain bounce around in your skull, which often leads to some pretty nasty headaches.
  • Dizziness and fatigue: after a whiplash injury, your body pumps out adrenaline to help with the pain, but that can leave you feeling drained and dizzy.
  • Tingling or numbness in your arms and hands: in some cases, whiplash can mess with your nerves, leading to tingling or numbness that goes from your shoulders down to your arms and hands.
  • Trouble sleeping: the pain and stiffness from whiplash can really impact your sleep, making it tough to get comfortable at night.

If you’re dealing with any of these symptoms, make sure to see a doctor and get a treatment plan. Once your health is taken care of, reach out to a specialist motor accident lawyer. In a free consultation, we’ll explain your rights and what you’re eligible to claim.

Time limits apply to all motor accident claims, and you’ll usually need to start your CTP claim within your state’s specific limit:

NSW, QLD, SA, WA, TAS and NT3 years from the accident date
VIC6 years from the accident date
ACT13 weeks to 3 years depending on the type of claim

For more details, check out our full guide on motor accident time limits.

If you’ve missed the deadline, don’t stress — there are still options. Get in touch with a lawyer as soon as possible. We’re familiar with time limit exceptions in every state and can apply for an extension on your behalf.

On average, motor accident claims take about 12 to 18 months to wrap up. How long your specific case takes depends on a few factors, including:

  • The severity of your condition.
  • The type of treatment you need.
  • How well your claim is prepared.
  • Whether your injuries have ‘stabilised’.

Your condition has ‘stabilised’ when it’s reached maximum medical improvement, meaning it’s unlikely to change with time or more treatment. If your condition hasn’t stabilised yet, it’s best to pause your claim until they do. Accepting an offer before your injuries have stabilised can often result in getting less compensation than you deserve.

Unfortunately, your whiplash claim may be refused for several reasons, including:

  • Insufficient evidence: if you can’t prove that your whiplash injury happened in the accident or that someone else was at fault (depending on your state).
  • Pre-existing condition: if your whiplash injury is unrelated to the car accident and was pre-existing.
  • Dispute over liability: if there’s a disagreement about who is responsible for the accident.
  • Inaccurate information: if you provide inconsistent or inaccurate information during the claims process.

To give your claim the best chance of success, it’s crucial to work with an experienced motor accident lawyer. We’ll gather strong evidence of your whiplash and connect it directly to the accident. If someone else caused the accident, we’ll also collect compelling proof of their liability.

If your claim has already been denied, don’t worry — our lawyers fully understand the appeals process in every state and can request a review on your behalf. Over the years, we’ve successfully had hundreds of denied motor accident claims approved.

In some cases, an insurer may determine that you’re partially responsible for your injuries because of something you did — or didn’t do. This is known as contributory negligence and can include things like:

  • Not wearing a seatbelt, including if your passengers weren’t buckled up.
  • Not wearing a helmet while riding a bike.
  • Riding unsecured in a vehicle, like sitting in the back of a van.
  • Driving or riding while intoxicated, which can also apply if a passenger knowingly gets into a car with an intoxicated driver.
  • Engaging in unsafe distractions, such as texting while driving.

Typically, your compensation will be reduced based on how much they think you contributed to the accident. If the insurer raises this, a lawyer can step in to dispute their claims with solid evidence and proven strategies, ensuring you keep as much compensation as possible.

Let’s use an example to illustrate how this works. Say you’re stopped at a red light and quickly checking your phone when another driver rear-ends you. Normally, that driver would be at fault, but their insurer might suggest a 30% reduction in your payout for contributory negligence. Your lawyer could fight this by arguing that an emergency made you check your phone or that it wasn’t reasonable to think briefly looking at your phone would cause an accident.

While motor accidents are the most common culprits for whiplash, there are a couple of other situations where it can happen, too:

  • Slip and fall: if you slip and fall, that sudden jolt can send your neck moving in ways that lead to severe pain. It’s a common scenario for whiplash injuries.
  • Sports injuries: sudden impacts to the head during physical sports like rugby, AFL, boxing, or MMA can also cause whiplash. Figuring out who’s at fault in these situations can be tricky, especially since players often agree to take on the risks of physical contact. However, that doesn’t mean you’re totally ineligible for compensation in all cases.

If you’ve experienced whiplash in either of these cases, you might be eligible for a public liability claim. Speak to us today to find out your exact options. Your first consultation is completely free.

While you can make a whiplash claim on your own, having a specialist lawyer by your side ensures you get everything you’re entitled to.

A good lawyer will dig deep into the details of your claim and ensure you receive support at every stage of the process. This includes:

  1. Initial assessment: your lawyer will assess whether you may have a claim and how much it could be worth. At Monaco, this assessment is completely free of charge.
  2. Medical treatment and records: your lawyer will refer you to a doctor for treatment and medical scans, making sure there’s a detailed record of all your injuries and how they’re affecting your body. If the scans come back clear but you’re still feeling pain, we won’t let you suffer in silence — we’ll connect you with one of our trusted medical professionals for a second opinion.
  3. Calculating your compensation: your lawyer will look at the evidence to figure out how much compensation you’re entitled to. They’ll assess your past and future losses, including how your injury affects your ability to work and handle everyday tasks. Plus, they’ll take into account how it impacts your life, career, family, and mental health. This approach ensures you get the full compensation you deserve.
  4. Negotiating with the insurer: once your injuries have stabilised, the insurer will typically offer a lump sum settlement. In our experience, insurers are unfair to unrepresented people, pressuring them to take the first offer or accepting less than they deserve. A lawyer can stand up to these tactics and negotiate for you, ensuring that the settlement reflects the extent of your injuries and their impact on your life.
  5. Handling disputes: once your injuries have stabilised, the insurer usually offers a lump sum settlement. From what we’ve seen, they often try to lowball those without lawyers, offering way less than what your claim is worth. That’s where a lawyer can step in — they’ll negotiate on your behalf to make sure the settlement reflects the true extent of your injuries and how they’ve affected your life.
  6. Maximising your payout: a lawyer can help you uncover extra entitlements beyond just your motor accident claim, like income protectionTotal and Permanent Disability (TPD), and common law damages. This way, you’ll get the maximum compensation possible for your injuries.

The best part about working with a lawyer? There’s absolutely no risk. At Monaco, we’re proud to offer a genuine No Win No Fee guarantee. That means there are no upfront costs and you only pay if we win your case. If we’re unsuccessful, you will never get a bill from us.

Before you settle a claim on your own, it’s definitely worth chatting with a lawyer. Once you sign that agreement and receive your compensation, there’s no turning back — you can’t reopen the case.

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How we can help you

If you’ve suffered whiplash in a road accident, getting basic compensation is pretty straightforward. But ‘basic’ compensation usually doesn’t cover ongoing medical bills, domestic care costs, or the pain and suffering your injury has caused. That’s where we step in.

Our lawyers know the ins and outs of the motor accident system in each state. We use proven legal strategies and expert evidence to establish liability, even in the most complex cases. We’ll also help you find any additional claims you might be eligible for, like common law damages and TPD, ensuring you get the maximum compensation for your injuries.

Voted ‘Compensation Law Firm of the Year in Australia 2020’, we have the experience to take on even the biggest state insurers.

Reach out to us today for free advice about your whiplash claim. Find out how much you could receive and whether you qualify for any extra claims.

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