Whiplash reforms - How much do you get for a whiplash claim?

How much compensation will you get for a whiplash injury following the whiplash reforms?

From 31 May 2021, the Whiplash Injury Regulations, or whiplash reforms, offer fixed amounts of compensation for those who've suffered whiplash as a result of a road traffic accident where someone else was at fault for the accident.

The amount of compensation for your pain and suffering will depend upon the length of time your symptoms lasted. Therefore, the new tariffs of compensation you can receive for whiplash injuries following 31 May 2021 are:

• Symptoms lasting up to 3 months: £240
• Symptoms lasting 3-6 months: £495
• Symptoms lasting 6-9 months: £840
• Symptoms lasting 9-12 months: £1,320
• Symptoms lasting 12-15 months: £2,040
• Symptoms lasting 15-18 months: £3,005
• Symptoms lasting 18-24 months: £4,215

These amounts have a slight uplift if you've also suffered minor psychological injuries in addition to the whiplash injuries. These tariffs are:

• Symptoms lasting up to 3 months: £260
• Symptoms lasting 3-6 months: £520
• Symptoms lasting 6-9 months: £895
• Symptoms lasting 9-12 months: £1,390
• Symptoms lasting 12-15 months: £2,125
• Symptoms lasting 15-18 months: £3,100
• Symptoms lasting 18-24 months: £4,345

What happens if your symptoms last more than 24 months?

As of 31 May 2021, the whiplash reforms will affect claims which are valued lower than £5,000. Given the tariffs above, if your symptoms last longer than 24 months, your claim will be worth over £5,000. Therefore, the whiplash reforms will not impact your claim for compensation.

Are there any circumstances which would lead to you getting more compensation for a whiplash injury following the whiplash reforms?

The courts are able to make the decision to increase the amount you receive for your pain and suffering. This however will only be the case in exceptional circumstances, such as if the whiplash injuries are considered to be ‘exceptionally severe’.

Do the whiplash reforms allow you to claim any out of pocket expenses?

Yes. The tariffs above relate to the amount of compensation you're entitled to for your pain and suffering. This doesn't include any out of pocket expenses you have such as if you've not been able to work as a result of your pain and suffering and have a loss of wages as a result. Where the overall claim, for both pain and suffering and any out of pocket expenses, totals more than £10,000, the case will be dealt with under the current rules and will not be affected by the whiplash reforms.

Is anyone exempt from the whiplash reforms?

Yes. The Civil Liability Act and the whiplash reforms are only to be implemented in England and Wales. So if your accident took place in Scotland or Northern Ireland, they will not affect your claim for compensation. Additionally, the Government have confirmed that 'vulnerable road users', such as cyclists and pedestrians, are also exempt from these reforms.

What are the financial benefits of the whiplash reforms?

Although the amount of compensation under the whiplash reforms will be reduced from what you can currently receive, motorists are expected to benefit financially. The Government introduced the Civil Liability Act (CLA) in 2018 as a result of the significant number of whiplash claims which according to the Association of British Insurers (ABI) was costing the insurance industry £2 billion per year.

The Government have confirmed that the savings made by the insurance industry must be passed on to their customers and estimate that motorists will save approximately £35 per year on their motor insurance premium.

Can you recover your solicitors' costs when the whiplash reforms are implemented?

Unfortunately, unlike now, following the implementation of the reforms, you'll not be able to recover the costs of your solicitor from the insurers of the driver at fault if your whiplash claim is worth less than £5,000.

You can make the claim yourself through a new self-service online 'portal' system called Official Injury Claim. This would mean you bring the claim yourself as a ‘Litigant in Person’, which basically means you're acting on behalf of yourself without legal representation. However, we understand that this may be a stressful and complex process and you may require legal representation.

You're still entitled to seek legal representation, but as the insurers of the driver at fault will not pay your legal fees, this could end up costing you more than you receive in compensation, so you may end up out of pocket.

However, Slater and Gordon want to ensure that legal representation is available to everyone who needs advice and expertise when making a compensation claim, regardless of the value. Slater and Gordon will therefore shortly be launching the micase platform, a claims portal which allows you to claim compensation, without the stress of dealing with the case yourself as a Litigant in Person.

The micase platform will be launched on 31 May 2021. If you have an accident after that date, register your details on micase and start your claim.

The information contained in this article was correct at the time of publication.