"Whiplash" is not an injury, it is a mechanism for an injury. You have to have a "serious injury" as that term is defined by law in order to pursue a lawsuit. Thousands of pages of legal analysis have been written about what constitutes a "serious injury", so I can't go into it here. Since the driver was apprehended, that's who you sue, together with the vehicle's owner and if he/she was in the course of employment, the employer as well.
Answered on Aug 10th, 2015 at 2:55 PM