FAQs on Whiplash injuries

The official definition of whiplash is an acceleration-deceleration mechanism of energy transfer to the neck. It is best known for causing damage to the soft tissues of the neck but can also cause bony injuries. Whiplash most commonly results from a rear-end impact in a motor vehicle collision.

The affected person’s neck is suddenly forced from a straight position to an abnormal S-shaped curve within a few milliseconds, flinging the head back and pushing the chest forward. The force stretches, tears and pinches the soft tissues supporting the neck, resulting in what is known as a whiplash injury.

In most accidents, whiplash is not evident at the time of the accident.

People generally start to notice their neck and shoulders are sore a couple of days after their motor vehicle accident.

Signs and symptoms of whiplash vary from person to person and are dependent on a number of things, such as the force in the accident, the age and health of the person who is affected and the safety rating of the motor vehicle the person was driving. Signs and symptoms of whiplash can include:

– Pain and stiffness
– Tenderness
– Decreased range of movement
– Limb weakness
– Bone fractures or dislocation

In its mildest form, whiplash is generally considered an acute injury and may resolve on its own within 2-3 weeks following the injury.

In moderate cases, physiotherapy or medical intervention may be needed to aid healing and recovery.

In severe cases, the damage may be permanent.

The Compulsory Third Party (CTP) Scheme was introduced in 2017, with further updates introduced in 2022. It is a statutory benefits scheme and covers all persons injured in a motor vehicle accident regardless of who is at fault. It encourages early and suitable treatment to achieve the best recovery for people who suffer injuries in a motor vehicle accident.

An at fault driver with a threshold injury such as whiplash is covered for up to 52 weeks under the statutory benefits scheme for:
– Weekly income payments if off work during that time;
– Medical treatment and expenses; and
– Domestic and personal care in their home.

However, not all whiplash injuries are classified as threshold injuries. Depending on the severity and the Grade of Whiplash-Associated Disorder, some cases may be assessed as more than threshold injuries.

Benefits may begin as soon as the claim is made. It is recommended the claim is lodged within 28 days; however, the limitation period is 12 weeks.

The insurer must accept or deny liability for the claim between 52 weeks and nine months after the accident. At that time, the insurer will also determine whether the claimant was wholly or mostly at fault and whether the injuries exceed the statutory threshold. Certain Whiplash-Associated Disorders may qualify as more than threshold injuries.

Some people recover from whiplash injuries within a few weeks while others can take months, everyone is different. People who stay active and keep working are found to have a better recovery than those who don’t.

If the claimant was not wholly or mostly at fault and has more than threshold injuries, statutory benefits may continue for up to two years from the date of the accident. These benefits may continue beyond that period if the claimant pursues a common law damages claim and their injuries meet the required impairment threshold.

You should see your doctor for a medical examination and advice about treatment as soon as whiplash symptoms appear.