Case study: whiplash suffered as a passenger

Eva from Gloucestershire was involved in a car accident when she was on holiday in Cornwall with her husband. The car ahead of them on the road suddenly stopped in front of her and her partner, and they crashed into the back of it.

The accident was technically their fault because if they did not have sufficient time to stop then they could not have left enough space between their car and the car in front. Therefore they were responsible for the car accident. But the wife of the driver who caused the accident was not at fault as she was a passenger in the car, not the driver.

Hit by an uninsured driver

The driver of the car they hit didn't have adequate insurance cover and so disappeared quickly before the police arrived. Their car was damaged during the vehicle accident and the impact caused quite a jolt and threw both of them forwards in the car.

The next day they woke up with terrible neck and back pain. Although they had been dismissed as "fine" by their local hospital immediately after the accident, their doctor then diagnosed them both with whiplash injuries.

They were still told that they would recover without too much problem, and to continue with their daily routine. Six months later, the wife developed a problem with her wrist and shoulder, feeling regular muscle weakness, numbness and spasms. She then got terrible cervicogenic headaches and found that her concentration and short-term memory were affected.

Serious whiplash injuries

She didn't attribute her injury to the symptoms she was suffering as it was a while after the accident had occurred. But in reality her symptoms were worsening and seriously affecting her entire life, health and ability to work and earn money.

In the end, a practitioner asked if she had been involved in a car accident and managed to treat her appropriately for her symptoms and condition by connecting her symptoms with the late onset of a whiplash injury.

Distressed at the pain she was suffering and worried about the wages she was losing out on whilst being unable to work, she decided to make a claim with YouClaim.

The car accident had been her husband's fault and YouClaim explained that she could make a claim against him. She was concerned that this would cost him a lot of money and so be completely pointless, but we explained that it would be his insurance company that would pay the damages and not him personally.

He had already lost his no-claims bonus and so would not be penalised further by his insurance company and so Eva decided to pursue the case with a solicitor from our expert panel.

The solicitor arranged for Eva to visit a leading whiplash expert and the cervical upper neck injury that she was experiencing causing the shoulder and wrist problem was addressed and after cervical and spine correction, her symptoms improved.

Her headaches disappeared, she was in a better mood, had more patience and was less angry and anxious. Her insomnia disappeared and she was able to sleep at night again, giving her enormous relief.

This treatment cost Eva absolutely nothing because the solicitor representing her explained that he would claim the cost of it back from her husband's insurance party.

Her husband accepted full liability for the accident and, wishing to avoid a costly court case, his insurance company offered Eva a damages settlement of £11,000.

This was to compensate her for the pain and trauma she had experienced, the earnings she had missed out on because of the whiplash and all other expenses she had paid out for whilst suffering with her neck injury.

Have you also suffered injuries as a passenger in a crash?

Anyone who has been involved in a car accident knows it can impact your life greatly. Whiplash, injuries, repairing damage to your car and taking time off work all prove a huge financial burden for most people. If the accident was not your fault, you can claim for such expenses, as well as for pain and suffering.

Think you have a claim? Get in touch today on 0800 10 757 95 or read more here.