Personal Injury - RTA

designeditdesignedit

My daughter recently had a near miss on a motorway - an RTA right alongside her. She was in outside lane, a truck in the middle and a car on the inside lane collided. Luckily everyone got out without serious injury. Daughter carried on to her workplace and initially seemed ok but gradually the pain and stiffness of whiplash has set in. Shes got strong painkillers and doctor has referred for physio.
She has a job which can involve heavy lifting and initially tried to to go in on lighter duties but its just not possible, so shes taking a few weeks off (luckily her employer pays full pay instead of SSP). Her partner is also having to finish work early to deal with the children.
Now, she has looked into claiming injury compensation and apparaently you can do this on the .gov website. On there it states a limit to the amount depending on how long the injury lasts. 
I am wondering if this is the best route to follow. The maximum amounts allowed are a government stipulation by the looks of things. So are we best using this option or a personal injury solicitor
Thanks

marcia_

designeditdesignedit said:

My daughter recently had a near miss on a motorway - an RTA right alongside her. She was in outside lane, a truck in the middle and a car on the inside lane collided. Luckily everyone got out without serious injury. Daughter carried on to her workplace and initially seemed ok but gradually the pain and stiffness of whiplash has set in. Shes got strong painkillers and doctor has referred for physio.
She has a job which can involve heavy lifting and initially tried to to go in on lighter duties but its just not possible, so shes taking a few weeks off (luckily her employer pays full pay instead of SSP). Her partner is also having to finish work early to deal with the children.
Now, she has looked into claiming injury compensation and apparaently you can do this on the .gov website. On there it states a limit to the amount depending on how long the injury lasts. 
I am wondering if this is the best route to follow. The maximum amounts allowed are a government stipulation by the looks of things. So are we best using this option or a personal injury solicitor
Thanks

 Why and what would you claim from the government? 

 Surely you should be using a solicitor to go through the insurance of the other driver. 

user1977

How did the whiplash arise if it was merely a "near miss"? Did another vehicle not actually miss her?

soolin

OP perhaps you could clarify a little. Was your daughter involved in the accident as your posts suggests not, and I’m struggling to see where the whiplash occurred ? 

Regardless of whether or not she was involved, did she stop and take any details from the parties involved, or notify anyone of her involvement at the time? 

designeditdesignedit

sorry, just to clarify, she was travelling at 70mph, the other vehicles collided with each other and the truck veered into her lane forcing her to emergency stop. The truck stopped just inches from her car, hence 'near miss'
Police were on scene shortly after. All details taken, one of the other drivers admitted liability.

designeditdesignedit

marcia_ said:

designeditdesignedit said:

My daughter recently had a near miss on a motorway - an RTA right alongside her. She was in outside lane, a truck in the middle and a car on the inside lane collided. Luckily everyone got out without serious injury. Daughter carried on to her workplace and initially seemed ok but gradually the pain and stiffness of whiplash has set in. Shes got strong painkillers and doctor has referred for physio.
She has a job which can involve heavy lifting and initially tried to to go in on lighter duties but its just not possible, so shes taking a few weeks off (luckily her employer pays full pay instead of SSP). Her partner is also having to finish work early to deal with the children.
Now, she has looked into claiming injury compensation and apparaently you can do this on the .gov website. On there it states a limit to the amount depending on how long the injury lasts. 
I am wondering if this is the best route to follow. The maximum amounts allowed are a government stipulation by the looks of things. So are we best using this option or a personal injury solicitor
Thanks

 Why and what would you claim from the government? 

 Surely you should be using a solicitor to go through the insurance of the other driver. 

I dont think its claimed from the government, I think its possibly overseen/regulated by the Ministry of Justice... here's the link but I have no idea how these things work
https://www.gov.uk/guidance/making-a-personal-injury-whiplash-claim

TadleyBaggie

I've never heard of a whiplash injury from just braking. Unless you have the details of the negligent party, I can't see how an insurance claim would succeed.

Ayr_Rage

I don't think you'll have any claim for whiplash when there is no collision.

designeditdesignedit

TadleyBaggie said:

I've never heard of a whiplash injury from just braking. Unless you have the details of the negligent party, I can't see how an insurance claim would succeed.

Braking at 70mph? A sudden jolt at that speed is certain to cause an issue. A few years ago I went to the doctor following weeks of pain in the top of my back which was spreading up the back of my head. I  realised that a car had pulled out of a junction while I was doing 30 and the pain had started a few days after that.

elsien

Does your daughter have any details of the other parties in order to attempt to make a claim against them?
With regards to your query about using a solicitor, no win no fee ones only take people on if there is a reasonable chance of success. As presumably the claim would need to be against whoever was at fault, do you even know who that is?

user1977

designeditdesignedit said:

marcia_ said:

designeditdesignedit said:

My daughter recently had a near miss on a motorway - an RTA right alongside her. She was in outside lane, a truck in the middle and a car on the inside lane collided. Luckily everyone got out without serious injury. Daughter carried on to her workplace and initially seemed ok but gradually the pain and stiffness of whiplash has set in. Shes got strong painkillers and doctor has referred for physio.
She has a job which can involve heavy lifting and initially tried to to go in on lighter duties but its just not possible, so shes taking a few weeks off (luckily her employer pays full pay instead of SSP). Her partner is also having to finish work early to deal with the children.
Now, she has looked into claiming injury compensation and apparaently you can do this on the .gov website. On there it states a limit to the amount depending on how long the injury lasts. 
I am wondering if this is the best route to follow. The maximum amounts allowed are a government stipulation by the looks of things. So are we best using this option or a personal injury solicitor
Thanks

 Why and what would you claim from the government? 

 Surely you should be using a solicitor to go through the insurance of the other driver. 

I dont think its claimed from the government, I think its possibly overseen/regulated by the Ministry of Justice... here's the link but I have no idea how these things work
https://www.gov.uk/guidance/making-a-personal-injury-whiplash-claim

The government is only involved insofar as they administer the court system, it isn't the government who pay her. Her claim would be against the relevant driver (who in turn would pass it to their insurer).