Shine Lawyers Main Logo

Whiplash injury claims

Our whiplash injury claims lawyers can advise you on your rights and the legal options available to you following an accident on the road.

3 minute read

Motor vehicle accident

If you have been the victim of a car or road accident, either as a driver or passenger and suffered personal injuries or trauma such as whiplashback injuriesneck injuries or head injuries, you may be entitled to compensation. A whiplash injury claims lawyer can advise you on your rights and the legal options available to you following an accident on the road.

What can my whiplash injury claim recover compensation for?

our whiplash injury claim typically covers all of your physical and psychological injuries and losses, including past and future costs or expenses related to your injury.

Some examples of the things you might be able to claim include:

  • Medical, rehabilitation and hospital expenses

  • Loss of earnings

  • Pain and suffering

  • Loss of enjoyment of life

  • Home help and nursing provided by anyone, paid or unpaid, if it meets certain conditions.

For many people, the insurer will agree to pay some or all costs for your ongoing treatment, so that you’re not out of pocket while you’re waiting for the claim to be finalised.

Do you have a claim?

We're here to make the claims process as simple and stress-free as possible.

How Shine can help 

We have helped thousands of Australians right wrong and access more than $1 billion in entitlements and compensation through our expert services. 

95% of the cases we represent are settled without the stress of going to court. 

We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation, so you can understand your rights and know where you stand. 

*Conditions apply  

We are ready to take action to get you quick access to the help and compensation you need to right wrong.  

Free claim check


Can I claim for whiplash if it was my fault?

Unfortunately, not. In order to make any successful personal injury compensation claims, like a whiplash compensation claim, you need to be able to prove that the accident was caused by another person’s negligence or fault. If you’re not able to prove this, you may not be able to make a claim if you are entirely at fault.

Can a whiplash claim be refused?

Yes, it is definitely possible for a whiplash car injury claim to be refused. This is typically due to one of the following reasons: 

  1. There is not enough evidence. If you can’t prove that your whiplash injury occurred, or was someone else’s fault, then your claim could be refused. 

  2. The whiplash injury was partially your fault. If you’re partially at fault for the whiplash car accident injury, your claim might be refused. 

  3. You have a pre-existing condition. If your whiplash injury claim is unrelated to the car accident and existed prior, you may have your claim refused.  

  4. There is a dispute over liability.  If you and the other parties disagree over who is responsible for the car accident injury, then your claim could be refused.  

  5. You provide inaccurate information. If you aren’t able to provide accurate and consistent information during the claim this could lead to its denial.

Do I need a lawyer after a whiplash car accident injury?

We have developed a handy checklist to help you understand what you should do after a car accident. Typically, if there has been damage or injury sustained, such as whiplash from a car accident, there is potential for a claim. Contact us today to understand your options.

What happens in a car accident without insurance?

Depending on the state the car accident occurred in and the specific injuries or damage that occurred, Compulsory Third Party Insurance (CTP) might be a possible course of action. These claims could also lead to CTP whiplash payouts for the injured person.  

Due to the complexity of each claim, we recommend speaking to one of our car accident experts to find out your options.

Who pays me the car injury compensation?

When you’re claiming for whiplash injuries, in most situations, it’s the insurance company of the driver or entity at fault that will pay the compensation to you. The insurance company deals with everything, so the driver or party at fault won’t have to pay out of their own pocket either.

What is a whiplash compensation average payout in Australia?

If you have experienced whiplash from a motor vehicle accident, what is the average compensation payout you could expect in Australia? Unfortunately, this is quite difficult to answer, as average compensation payouts can vary wildly in Australia. Some may range from a few thousand dollars to much higher amounts in cases where the whiplash injury is severe or has long-lasting impact.  

The best way to determine the potential of your individual whiplash injury compensation claim is to speak to one of our expert car accident lawyers today.

Back to top


Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.

Shine Lawyers Pty Ltd | ABN 86 134 702 757

Copyright 2024 Shine Lawyers. All Rights Reserved