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Whiplash Reforms- What it means for Whiplash claims
16 Jun 2021
On 31st May 2021 whiplash reforms came into force for road traffic accident claims. The highlights of the reforms inlcude:
- A new online portal to run your own claim
- Anew fixed tariff of compensation for whiplash injuries
The reforms include the following changes:
- A new digital online portal so you can settle your own claim for any road traffic-related personal injury valued at under £5,000, including claims for whiplash.
- A new fixed tariff of compensation for whiplash injuries. This tariff isets out how much can be claimed for an injury, depending on how long it impacts you with the duration of up to two years. It provides a clear guide to how much your injury would be worth when you make a claim.
If you have had a Road Traffic Accident and have been injured contact us to discuss your accident. Simply get in touch for a free no-obligation conversation about your accident and how and if the reforms will affect you.
Can I use the new portal?
You can use ‘Official Injury Claim’ if:
- you are aged 18 or over
- you were inside a vehicle
- the accident was not your fault
- the accident happened in England or Wales
- the accident happened on or after the 31st May 2021
You cannot use the portal if you were a pedestrian, cyclist or motorcyclist. If this is the case or you simply do not want to use the portal to make a claim, contact First Personal Injury.
Fixed Tarrifs
The reforms include set tariffs for all accidents on or after 31st May 2021.
There are two tariffs for determining compensation: a combined upper body tariff, which includes whiplash and minor psychological injuries, and a lower body tariff where there is no psychological injury.
This fixed tariff refers to the amount of compensation that can be gained for injuries and it is comprehensive. It covers the impact of injuries for up to two years post-accident.
Damages for whiplash:
| Duration of injury | Amount – Regulation 2(1)(a) | Amount – Regulation 2(1)(b) |
| Not more than 3 months | £240 | £260 |
| More than 3 months, but not more than 6 months | £495 | £520 |
| More than 6 months, but not more than 9 months | £840 | £895 |
| More than 9 months, but not more than 12 months | £1,320 | £1,390 |
| More than 12 months, but not more than 15 months | £2,040 | £2,125 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345. |
To view the set tariffs with an explanation, visit the government website.
You can also seek an uplift in compensation of up to 20% in ‘exceptional circumstances.’ These circumstances are defined as:
- An exceptionally severe whiplash injury
- Circumstances that are seen as exceptional and have increased the pain
- Suffering and loss of amenity caused by their whiplash injuries.
Whiplash Reform Exclusions
If you have had a road traffic accident and fall into one of these categories contact us:
- Motorcyclists and sidecar riders
- Cyclists
- Horse riders
- Pedestrians
- Mobility scooter users
- Undischarged bankrupt people
- A representative of a deceased person
- Making a claim on behalf of or against someone who has died.
- Claims against drivers of foreign-registered vehicles.
- Whiplash claims for children and others who lack legal capacity
- Other RTA claims for children or protected parties
Finally, if you have had a Road Traffic Accident and have suffered any injury you should contact us to discuss your accident and your next steps.