Part 1: Whiplash Chapter 1: Whiplash injuries Section 1: "Whiplash injury" etc
This section specifies those road traffic accident (‘RTA’) related whiplash injuries, and the circumstances in which such injuries are incurred, which are subject to the provisions in this Part. Subsection (1) defines "whiplash injury" as an injury of soft tissue in the neck, back or shoulder of a description specified in subsection (2) of this section, but which is not excepted by subsection (3). A minor psychological injury or injuries sustained in addition to the whiplash injury will also be subject to the provisions under this part. Subsection (4) provides that these provisions will apply in those cases where, a person, because of their negligence while using a motor vehicle on a road or other public place in England and Wales, causes another person, whether a driver, or a passenger riding in or on a motor vehicle, to suffer a whiplash injury. The effect of subsection (5) is to include cases where a driver has caused an RTA by their negligence, but the acts constituting the negligence could also be relied on to establish another cause of action, such as a breach of statutory duty, against them or somebody else.