Reforms to Road Traffic Accident and Whiplash Claims
Changes have now been introduced to the amount of compensation you receive if you have been involved in a road traffic accident after 31 May 2021, and you have suffered a “whiplash” type injury.
These changes include:-
- Tariffs for whiplash injuries sustained in a road traffic accident that last for up to 2 years
- The small claims limit for a road accident will increase from £1,000.00 to £5,000.00; as a consequence you will not be entitled to recover your legal costs in pursuing your claim
This does not apply to the following categories of persons who have been involved in a road traffic accident:-
- Claims on behalf of children
- Claims involving “vulnerable road users” which are motorcyclists and pillion/sidecar passengers, cyclists, pedestrians, horse riders and those in mobility scooters
- Claims where the person is an undischarged bankrupt or personal representative of a deceased person
- Claims against personal representatives of a deceased person or drivers of foreign registered vehicles
What is a whiplash injury?
A whiplash injury is defined as an injury of soft tissue in the neck, back or shoulder that is a “Sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder”.
Compensation that you may be entitled to
Based on the tariff-based system, the amount of compensation entitlement is set out in the table below.
| Duration of injury | Amount - Regulation 2(l)(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 |
The amount awarded is in respect of your pain, suffering and loss of amenity and calculated in line with the above tariff. However, in some exceptional circumstances there could be an increase in the amount of compensation awarded of up to 20%.
You will also be entitled to claim for out of pocket expenses such as loss of earnings and treatment costs.
How do I bring my claim?
Other than the categories of persons described above, you will not be entitled to recover your solicitor’s costs for bringing a claim. An on-line portal system has been implemented for individuals to make a claim – www.officialinjuryclaim.org.uk
If you have been involved in a road traffic accident and sustained an injury then please contact us for initial advice and to discuss any potential claim.
Contact our Personal Injury Solicitors Brighton & London
Healys Solicitors are experts in all types of personal injury matters. We will be able to advise you whether or not you have a claim (we can also give you an estimate of how much compensation you could receive). Our specialist personal injury lawyers would be happy to discuss your potential claim with you. Give us a call or complete our online contact form to hear how we can help you today on 0800 280 0432.
My company car provider told me to contact Healys as part of personal injury . I was involved in a rear shunt accident on 26th dec . I have an ongoing back condition which flared back up after the accident . I had to remain off work until the 3rd January (returning with limited movement and working from home until 9th January. the third party took full response for the accident which is going through my company’s car scheme. Due to having to take time off work I was wondering if there is a claim process for myself.
Thank you for your comment William. We are sorry to hear about your accident.
In order to ensure your enquiry reaches the correct legal advisor, please email details of your matter, along with your contact number, to enquiries@healys.old-website.shout-loud.co.uk