Change To Whiplash Cases: What You Need to Know

New whiplash reforms on whiplash claims came into force on 31 May 2021. Reforms have been brought in for road traffic accident claims. In summary:

There is a new online portal you can use to run your own claim
There is a new fixed tariff of compensation for whiplash injuries

Key changes that have been introduced in the reforms include:

A new user-friendly digital online portal is available 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 is significantly lower than awards that have been awarded for whiplash in the past and sets 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 in any way you should contact Jefferies to discuss your accident. Simply get in touch and we will talk with you about how and if the reforms will affect you and your next steps following your accident.

Who can use the new portal?

You can use the new portal ‘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 contact us on 0333 358 3034. If you do not want to use the portal to make a claim, you should also contact us to make a claim.

Whiplash Reforms Fixed Tariffs

The reforms include set tariffs for all accidents on or after 31st May 2021.

The reforms have created 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.

CASES THAT ARE EXCLUDED FROM THE whiplash REFORMS

There are some cases that are excluded from the reforms. If you fall into one of these categories you should 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

If you have had a Road Traffic Accident and have suffered an injury you should contact Jefferies to discuss your accident. Simply get in touch and we will discuss your next steps with you.