Delta-v in Personal Injury Cases: Meaning, Discussion, Case Law and Your Rights

In personal injury cases, discussions often arise about delta-v. Insurers use this concept to dispute the severity of an accident and the likelihood of injury. Victims feel that their complaints are sometimes not taken seriously as a result. In this article, we explain what delta-v is, how insurers use it, what rulings have been made by judges, and what you can do if you get into a dispute.

What is delta-v?

Delta-v represents the change in speed that occurs in a collision. The larger the delta-v, the greater the force exerted on the body.

Example: a car that comes to a complete stop from 50 km/h has a delta-v of 50 km/h. If the same car ends up at 40 km/h after the collision, the delta-v is only 10 km/h.

Insurers use this concept to claim that little to no injury can occur at a low delta-v (below 10 km/h). However, this position is not conclusive.

How Insurers Use Delta-v

Insurers often enlist experts to calculate the delta-v. They then use this calculation to assert that:

• the accident was too minor to cause injury,

• there is no causal link between the accident and the complaints,

• compensation does not need to be paid out or only to a limited extent.

For victims, this often feels like their complaints are being ignored.

Case Law on Delta-v and Whiplash

The case law shows that judges do not automatically follow insurers’ positions. Some examples:

• Example 1: A motorist was rear-ended with a delta-v of about 6 km/h. The insurer argued that such a low impact could not lead to long-term complaints. The judge found this argument too simplistic and commissioned an independent expert investigation. The judgment was that while a low delta-v less frequently leads to permanent injury, it cannot be ruled out.

• Example 2: In a case where a woman suffered neck pain after a collision with a low delta-v, the judge ruled that the complaints must be taken seriously because they were consistently present and well documented in the medical file. The calculated delta-v was not decisive in that case.

• Example 3: In another case, the delta-v was around 7 km/h. The judge emphasized that delta-v is just one factor. As the medical records and the circumstances of the accident pointed to a probable link between the accident and the complaints, the victim was ultimately vindicated.

These examples show that a low delta-v is not automatic proof that complaints were not caused by the accident.

What Can You Do in the Event of a Delta-v Dispute?

If the insurer doubts your complaints due to a low delta-v, you can take the following steps:

1. Medical Justification
   Ensure a complete medical file in which it is clearly stated that your complaints arose shortly after the accident and are consistently present.

2. Independent Expertise
   Ask an independent medical specialist to assess whether your complaints are consistent with the accident. A biomechanical expert can also be valuable.

3. Emphasize Circumstances
   Factors such as seat position, functioning of the headrest and the angle of the collision play a big role. This can make the impact greater than insurers suggest.

4. Seek Legal Help
   A personal injury lawyer can help you rebut the insurer’s positions and ensure that your complaints are taken seriously.

Checklist: Gathering Evidence After an Accident

Strong evidence is indispensable in discussions about delta-v and injury. The following checklist will increase your chances of a successful personal injury claim:

• 📸 Take photos of the vehicles, damage, road surface and traffic situation.

• 📝 Record witness information (names, phone numbers, statements).

• 🚑 Seek immediate medical attention and have your complaints registered by a doctor or specialist right away.

• 📂 Request your medical record from your doctor, physiotherapist or hospital.

• ⏱️ Keep track of complaints in a diary: when did they start, how often do they occur, what are the limitations?

• 🚗 Collect accident files: police reports, damage forms, correspondence with the insurer.

• 🔧 Technical investigation (if possible): have cars or data recorders examined for speeds and impact force.

The better your file, the stronger your position in relation to the insurer.

Role of Arslan Attorneys

At Arslan Attorneys, we have extensive experience with whiplash and delta-v cases. We assist victims by:

• strengthening the case file with medical and legal arguments,

• engaging independent experts,

• rebutting insurers who only rely on delta-v,

• securing a fair compensation, even in low delta-v accidents.

FAQ About Delta-v in Personal Injury Cases

1. Does a low delta-v mean I won’t receive compensation?
No, a low delta-v is not automatic evidence against injury. Judges look at the entire file.

2. How is delta-v calculated?
Usually by traffic accident analysts who reconstruct the speed change of vehicles at the collision.

3. Can whiplash occur at a low delta-v?
Yes, that is possible. Research and case law show that injury can also occur with low impact.

4. How do I prove that my complaints come from the accident?
With medical documentation, consistency in complaints and statements from independent specialists.

5. How does a lawyer help in delta-v disputes?
A lawyer can engage experts, build legal counter-arguments and ensure that your rights to compensation are secured.