Personal Injury Reforms

New whiplash claim rules and the whiplash tariff

In May 2021, significant personal injury reforms came into effect, primarily impacting whiplash claims resulting from road traffic accidents (RTAs).

These reforms were introduced due to concerns about the high volume of personal injury insurance claims, which were estimated to cost around £2 billion annually, adding an average of £90 to every car insurance policy.

The Whiplash Reform programme aimed to address this by introducing a financial limit on claims and streamlining the process through an online portal.

Key changes introduced by the personal injury reforms

• A new online portal was created for handling low-value RTA-related personal injury claims, including whiplash injuries valued at £5,000 or less. This is a key part of the new whiplash claim rules.
• A fixed tariff system (the whiplash tariff) was introduced for whiplash injuries with a duration of up to two years. This pre-sets compensation for pain, suffering, and loss of amenity (PSLA) based on the length of the injury.
• The small claims track limit for RTA-related personal injury claims increased to £5,000.

How will the whiplash reforms affect your claim?

The whiplash tariff has introduced a structured approach to compensation, linking the amount awarded directly to the duration of the injury.

This tariff-based system has generally resulted in lower compensation awards for whiplash injuries compared to the previous system, especially for shorter recovery periods.

Previously, if you suffered whiplash with symptoms lasting for three months, you might have received a certain amount in compensation for pain and suffering. Under the new tariff, the compensation for the same three-month injury will likely be lower. This means if you had expected £2000, you might now receive closer to £1000.

If your whiplash symptoms persist for 18 months, the tariff provides a higher level of compensation than for a shorter injury. However, even for longer-term injuries, the compensation awarded under the tariff may still be less than what you would have received under the old system if your injuries were severe. For example, a severe 18-month injury may have previously received £5000, but now may receive £3000.

The official injury claim portal

While the portal is designed for self-representation, many find it complex and confusing. Understanding legal terminology, gathering evidence, and presenting a compelling case remains challenging under the new whiplash claim rules.

Imagine you've never filed a legal claim before. The portal asks for specific details about the accident, your medical treatment, and your losses. You might struggle to understand what information is required, how to present it effectively, or what to do if the other driver disputes your version of events. This is where professional legal advice can be invaluable.

When to seek legal advice

Although the reforms encourage self-representation for low-value claims, seeking legal advice is still highly recommended in these situations:

Other injuries as a result of a RTA

If you have sustained other injuries, such as back injuries, shoulder problems, or psychological trauma, your claim will likely fall outside the whiplash tariff.

Example: You were involved in a rear-end collision and suffered whiplash, but you also hit your head and now experience persistent headaches and dizziness. This head injury would likely be considered a separate injury and would need to be assessed outside of the tariff.

If there’s disputed liability

If the other driver is denying responsibility for the accident, navigating the legal process can become complex and requires legal expertise.

Example: The other driver claims you were partially at fault for the accident, perhaps by changing lanes unexpectedly. This dispute will need to be resolved before your claim can proceed, and a solicitor can help gather evidence and build a strong case on your behalf.

If you incur substantial financial losses

If you have incurred substantial financial losses due to your injuries, such as lost income from time off work, medical expenses, or the cost of physiotherapy, you'll need to provide detailed evidence.

Example: You're a self-employed delivery driver and have been unable to work for several weeks due to your whiplash. You've lost income and are struggling to pay your bills. A solicitor can help you calculate your lost earnings and present a strong claim for financial compensation.

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Can a whiplash claim be refused under the personal injury reforms?

Yes, it can. Even under the new personal injury reforms and the whiplash tariff, a whiplash claim can still be refused. While the reforms aimed to streamline the process for straightforward cases, certain factors can lead to a claim being rejected. Here are some common reasons:

Insufficient medical evidence

One of the most common reasons for a whiplash claim to be refused is a lack of sufficient medical evidence. You must provide a medical report from a qualified medical professional that clearly links your injuries to the accident.

Example: You were involved in a minor rear-end collision, and you experienced some neck stiffness for a few days. You didn't seek medical attention, thinking it would resolve on its own. When you try to make a claim weeks later, you have no medical record of the injury, making it difficult to prove the link between the accident and your symptoms.

Inconsistent accounts or discrepancies

If there are inconsistencies between your account of the accident and other evidence, such as the police report or witness statements, your claim may be questioned. Similarly, discrepancies between your initial description of your symptoms and later medical reports can also raise red flags.

Example: You initially told the police that you were uninjured at the scene of the accident. However, a few days later, you report significant neck pain and stiffness. This inconsistency could lead the insurer to doubt the legitimacy of your claim.

Additionally, if you had a pre-existing condition affecting your neck or back, the insurer might argue that your current symptoms are related to that condition, not the accident.

Example: You have a history of arthritis in your neck. After a car accident, you experience increased neck pain. The insurer might argue that the accident only aggravated your pre-existing condition and therefore you are not entitled to full compensation for new injuries. It is however important to note that you can claim for the worsening of a pre-existing condition.

Low impact or minimal vehicle damage

In some cases, if the impact of the collision was very minor and there is little or no visible damage to the vehicles involved, the insurer might dispute that the accident could have caused the claimed injuries.

Example: Two cars gently bump each other in slow-moving traffic, resulting in no visible damage to either vehicle. One driver later claims to have suffered whiplash. The insurer might argue that the impact was insufficient to cause such an injury. However, it's important to remember that even low-speed collisions can cause whiplash.

Exaggerated or fraudulent claims

The reforms were partly introduced to combat exaggerated or fraudulent claims. If there is evidence suggesting that your claim is not genuine, it will almost certainly be refused, and you may face further legal action.

Example: You claim to be unable to work due to severe whiplash, but social media posts show you engaging in strenuous activities shortly after the accident. This type of evidence can seriously damage your credibility and lead to your claim being rejected.