Whiplash Claims

From 31 May 2021, new rules governing whiplash claims have been in force in England and Wales. This means the way whiplash claims work and the amount you can claim has changed. This is part of a package of measures called the Whiplash Reform Programme.

The Government’s stated aim with these changes is to modernise the whiplash claims process while reducing the number and cost of these types of claims. This is intended to make it easier for claimants to settle their claim out of court while reducing the impact of whiplash claims on the level of motor insurance premiums.

These reforms apply to all low value personal injury claims connected to road traffic accidents.

What changes does the Whiplash Reform Programme introduce?

The Whiplash Reform Programme contains the following key changes to how whiplash claims work:

• The amount you can claim for whiplash injuries lasting up to 2 years is now fixed depending on the duration of the injury
• There are separate fixed tariffs for damages depending on whether the injuries are purely physical or also psychological
• Medical evidence is required before a whiplash claim can be settled
• The value of whiplash claims that have to be pursued using the Small Claims Track (SCT) for Road Traffic Accident personal injury claims has been raised to £5,000 from the previous limit of £1,000, meaning more whiplash claims will now have to be dealt with through the Small Claims Track where legal costs cannot be recovered.
• A digital Official Injury Claim Service has been introduced with the aim to make the process of claiming more modern, accessible and user friendly.

Compensation amounts for whiplash claims

For pain, suffering and loss of amenity related to one or more whiplash injuries caused in the same accident, the following damages may be awarded:

Where one or more minor psychological injuries were caused by the same accident as a whiplash injury or injuries, the following combined damages may be awarded for both the physical and psychological impact:

How the ‘exceptional circumstances’ rule can allow you to claim more for whiplash

The new rules contain a provision for ‘exceptional circumstances’, which can allow you to claim up to 20% more than the relevant fixed tariff that would normally apply.

This provision may be applied where it is judged that the impact of a whiplash injury or injuries on a claimant is so significant that a higher than normal award is justified.

Because of the extremely low sums recoverable for legal costs when using the Official Injury Claim Service we are not able to assist clients with making these claims.