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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.
Start your free online claim check
Find out if you’re eligible for whiplash compensation today.
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.
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.
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
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 NT
3 years from the accident date
VIC
6 years from the accident date
ACT
13 weeks to 3 years depending on the type of claim
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:
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.
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.
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.
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.
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.
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.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco is the place to go for a lawyer that cares. You're in safe hands.
They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.
Monaco explain things in a way you would understand, instead of lingo insurance and other companies like to use. Monaco Solicitors are amazing! So to any of you who are needing legal support/representation, know you will be in safe hands if you choose Monaco Solicitors!
I'm glad my friend recommended Monaco. I was happy with the result.
Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
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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Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
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