The new whiplash claim rules came into effect in May 2021. The new rules were brought into effect by The Whiplash Injury Regulations 2021. This significantly changed the way in which people claim compensation for minor whiplash injuries. In this guide we explain what the new regulations mean for whiplash injury claims and what you need to be aware of.
We start by looking in detail at what the new whiplash claim rules are. Next, our guide takes you through the eligibility criteria road traffic accident claims must meet, highlighting any specific to those for whiplash injuries. Following this we look at the impact of these reforms on your claim. Then we guide you through how compensation may be calculated under these rules. Finally, we take you through the claims process.
Whether you need to discuss the impact of these new rules on your case or are ready to make a claim, please contact our expert advisors.
- Call a member of our team 0800 073 8803.
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We are ready to help you claim compensation for whiplash injuries.
Jump To A Section
- What Are The New Whiplash Claim Rules?
- Who Can Claim For Whiplash Under The Reform?
- How Will The Reforms Affect My Claim?
- What Compensation Can I Get Under The Whiplash Reform Programme?
- How To Claim For Whiplash After The New Rules
- Get Advice From Our Team
- More Information
What Are The New Whiplash Claim Rules?
Following the Civil Liability Act 2018 coming into force, the new whiplash claim rules were introduced in England and Wales on 31st May 2021. The new rules changed how low-value whiplash injury claims are made in England and Wales.
Whiplash is a type of soft tissue injury. It primarily affects the neck and may be caused by the sudden movement of the head. It may also affect the back and shoulders. Common symptoms include neck pain, stiffness and headaches. It is the most common injury caused by road traffic accidents.
Government statistics on reported road casualties show that 18,101 people sustained whiplash injuries. This accounted for over 24% of injuries sustained.
One of the purposes of the Whiplash Injury Regulations was to tackle fraudulent claims. The aim of doing so is to reduce motor insurance premiums for all drivers, ensuring more consistent and fair compensation payouts.
Whiplash claims for injuries with symptoms that last up to 2 years are no longer made following the standard personal injury claims process. Instead, they use an alternative system. The new rules also introduced a fixed tariff for whiplash injuries. This set a standard amount of compensation which could be paid out, standardising compensation payouts for specified degrees of injury. Notably, where the combined value of the whiplash injury as well as any others exceeds a total of £5,000, the claim is made in the traditional way.
Our panel of experts could help you claim for whiplash injuries. Contact us to find out which route applies to your case.
Who Can Claim For Whiplash Under The Reform?
Whether you are claiming under the new whiplash claim rules or via the traditional route, you must meet the general claims criteria. These are:
- A road user had a duty of care to you.
- The road user was in breach of this duty.
- Your injury (in this case, whiplash) was caused by this breach.
The new whiplash claim rules also only apply in certain circumstances. Beyond applying only to injuries with a combined value of less than £5,000, other criteria include:
- Claimants must be aged 18 or older.
- The accident must have taken place on or after 31st May 2021 and have happened in England or Wales.
- Claimants must have been a driver or passenger in a vehicle, such as being involved in a car accident. Cyclists, motorcyclists and pedestrians are all unaffected by the whiplash reforms.
Claims for non-whiplash injuries, such as for fractured or broken bones, may still be made under the new rules but valued in the traditional way.
A solicitor from our panel could assist with your claim, whether made via the new route, or in the standard way. Get in touch with our team to see how we could help you.
How Will The Reforms Affect My Claim?
The new whiplash claim rules brought significant changes affecting how low-value whiplash injury claims are made, processed and valued.
Prior to their introduction, all road and car accident claims followed the standard personal injury claims process. Under this system, all injuries were valued in line with the Judicial College Guidelines (explored in more depth later in this guide).
Following the introduction of the Whiplash Reform Program, if you suffered either whiplash injuries or whiplash and other injuries valued at £5,000 or less, the claims process is streamlined following a new system. Whilst the introduction of a fixed tariff ensures fairness across claims, it may in some circumstances have resulted in a lower payout being made.
In addition, you will need to present medical evidence to secure an offer of compensation. Under the standard claims process, insurance providers may make what are called pre-medical offers. These are offers made before medical evidence has been submitted, such as that obtained through a medical appointment organised by a solicitor.
Whilst the reforms were designed to streamline the claims process, the changes can make it more complex. Our panel of solicitors includes experts in road traffic accident and whiplash injury claims.
What Compensation Can I Get Under The Whiplash Reform Programme?
Under the Whiplash Reform Program and fixed tariff, you could be compensated for whiplash injuries which last up to two years. Awards under the fixed tariff deal with general damages, namely those for the pain and suffering caused by an injury.
The fixed tariff values whiplash injury claims by assessing the :
- Duration of the injury.
- Severity of the injury.
- Presence of any psychological injury.
In the following table, we present the fixed tariff amounts from the Whiplash Injury Regulations.
| Duration of injury (months) | Regulation 2 (1) (a) | Regulation 2 (1) (b) - where more than one injury or a minor psychological injury. |
|---|---|---|
| 18 - 24 months. | £4,215.00 | £4,345.00 |
| 15 - 18 months. | £3,005.00 | £3,100.00 |
| 12 - 15 months. | £2,040.00 | £2,125.00 |
| 9 - 12 months. | £1,320.00 | £1,390.00 |
| 6 - 9 months. | £840.00 | £895.00 |
| 3 - 6 months. | £495.00 | £520.00 |
| Up to 3 months. | £240.00 | £260.00 |
Next, we look at how injuries falling outside these tariffs may be valued.
What If My Injuries Are Valued Over £5000?
If the total value of either an individual injury or of multiple injuries is over £5,000, your claim will be made following the standard process. This means your injuries will be valued in line with the Judicial College Guidelines (JCG). This contains compensation guidelines for different types of injury. It may be used by parties involved in calculating compensation claims. Compensation for any pain and suffering caused by your injuries is called general damages. It is one of the 2 heads of claim which may form a final settlement.
Below, we have taken relevant examples of injuries and compensation brackets from the JCG, with the exception of the headline figure. This is our own illustrative compensation example. Please only use the table as a guide.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple types of injury with award for special damages. | severe/ serious. | Up to £250,000+ special damages. |
| Neck injuries. | Severe (a) (i). | Around £181,020. |
| Severe (a) (ii). | £80,240 to £159,770. | |
| Severe (a) (iii). | £55,500 to £68,330. | |
| Moderate (b) (i) | £30,500 to £46,970. | |
| Moderate (b) (ii). | £16,770 to £30,500. | |
| Moderate (b) (iii). | £9,630 to £16,770. | |
| Shoulder injury. | Severe (a). | £23,430 to £58,610. |
| Serious (b). | £15,580 to £23,430. | |
| Moderate (c). | £9,630 to £15,580. |
Whiplash injury claims may also be awarded special damages. This second head of claim is awarded to compensate accident victims for financial losses associated with their injuries. Common examples of out of pocket expenses recovered under special damages may include:
- Medical expenses, such as for medication or treatment.
- Loss of income, covering income lost due to your injuries. In some instances, this could form a large part of your total settlement.
- Travel expenses associated with attending medical appointments.
- Domestic care costs, which may cover help in the home, such as help with childcare or cleaning.
When you contact our team you could be connected to a solicitor from our panel who could assess how much whiplash compensation you may be owed.
How To Claim For Whiplash After The New Rules
To successfully claim under the new whiplash rules, you will need to provide a strong body of evidence and file your claim within a strict time limit.
It is essential to provide evidence in support of your claim. This may include:
- Medical evidence from the doctor’s surgery or hospital at which you were treated.
- Medical reports from a qualified, independent medical expert.
- Witness contact details. Your solicitor may later contact them to request a witness statement.
- CCTV, dashcam or other video or photo evidence. Such evidence may show the accident took place, damage to vehicles or visible injuries.
- Police reports showing the accident has been reported to the police.
- Insurance and registration details from the other driver.
- Invoices, receipts and payslips showing financial losses. This is crucial if you intend to include special damages in your claim. Special damages are not awarded automatically.
Additionally, you must start your whiplash claim within the personal injury claims time limit. The standard time limit in which to file any personal injury claim is 3 years from the date of the accident. This is outlined in the Limitation Act 1980. However, certain parties cannot manage a claim themselves, making them exempt from this 3 year limitation period.
Exceptions to this time limit include:
- A lack of mental capacity – the limit is not applicable unless the injured party regains their mental capacity.
- Children – the 3 year time limit does not begin until their 18th birthday. Minors are not able to take legal action on their own behalf.
A litigation friend may act on the victim’s behalf whilst they are unable to claim due to age or mental capacity.
An expert road traffic accident solicitor from our team could help you to claim, for yourself, or for someone else.
Get Advice From Our Team
When you speak to a member of our team, they will answer any questions you have about claiming compensation for whiplash. Additionally, they will assess whether you have a valid claim and if you do, you could be connected to our solicitors.
Our panel of solicitors includes experts in securing compensation for whiplash injuries. They are backed by decades of experience and have a proven track record of helping people make successful claims. We can offer a nationwide service, helping you to claim wherever you are.
Some of the benefits of working with us include:
- Working with a solicitor through a Conditional Fee Agreement – this means you only pay for their work if you win your claim. They won’t ask for anything upfront or ongoing to cover this work. Nor will they take a payment for completed work if your claim is not successful. A success fee will be taken as a legally limited percentage of your compensation only when the claim wins. Fees are agreed in advance and set out in the agreement.
- Rehabilitation support – help with accessing services such as occupational therapists or physiotherapists.
- Guidance through the process and a thorough explanation of how the new whiplash claim rules affect your claim.
Our dedicated team can help you, ensuring that your claim is handled efficiently and effectively. Contact us today to start the claims process.
Contact Us
Reach out to our team today for a free, no-obligation assessment of your whiplash injury claim.
- Call one of our friendly advisors on 0800 073 8803.
- Contact us by completing our form.
- Talk to an advisor over our live chat.
More Information
The following guides might be useful:
- Learn more about how to make a No Win No Fee claim in this resource.
- If you suffered whiplash in a motorway accident, learn more about making a claim here.
- Get help from motorcycle injury lawyers here.
References:
- This NHS whiplash guide looks at this condition in more detail.
- Find out about claiming Statutory Sick Pay for time taken off work to recover.
- Find the Civil Liability Act 2018, which aimed to reform personal injury claims here.
In this guide we have looked at the new whiplash claim rules. To find out whether these rules apply to your case or for further information on how a personal injury solicitor from our panel could help you, please get in touch with our team.