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Blog: Who can use Official Injury Claim?

Picture the scene: you are driving to work and stop at traffic lights. The driver behind is looking at their phone and misses the red light, colliding with your car from behind and damaging your bumper. You exchange insurance information with the driver and go about your business. Later, you contact the insurer and start the process of getting your car repaired.

In the following days you develop a neck pain which makes it difficult to sleep and leads to you taking a few days off work. You realise your injury is a result of the accident and begin to research how you can claim compensation for this, alongside repairing your car.

On 31st May, a new way of dealing with low value road traffic accident injuries was introduced in England and Wales, known as the Whiplash Reforms. To support these changes, Official Injury Claim was launched on behalf of the Ministry of Justice as the official way to claim for minor injuries.

Making a claim

If you have recently been hurt in a car crash that wasn’t your fault, Official Injury Claim may be the right place to make a compensation claim. If you need to use it, you can do so free of charge, but there are four things you should think about before getting started:

1) How bad is your injury? You can make a claim for a minor injury such as muscle pain or bruising through Official Injury Claim, but not If your injury is more severe, such as a head injury, broken arm or worse.

Whiplash injuries to the neck are the most common form of injury in a car crash. If you think you have an injury of this type, Official Injury Claim is the best place to start.

2) Were you in a car? Motorcyclists, cyclists and pedestrians cannot use Official Injury Claim. If you were inside a vehicle when got your injury, Official Injury Claim will be the best place to start.

3) Where did the accident take place? Legal changes to these type of injury claims only apply to England and Wales. If the driver you were in a collision with is from outside the UK, you’ll need to get help here.

4) Are you over 18? Children and protected parties are not covered by Official Injury Claim.

Where not covered by the service, you should seek legal advice. If you are still not sure if you should use this service, you can contact our support centre on 0800 118 1631 for more information. You also have the option of seeking legal advice or assistance outside Official Injury Claim, although you may be charged.

Official Injury Claim offers a simple process or most claims. We’ll guide you through things like contacting the insurer with your claim and getting a medical report. If you want to get started, click here.