On 31st May 2021 the government introduced changes to the way low value road traffic accident personal injury claims are pursued under the Whiplash Reform Programme. Despite the time that has elapsed since, many people remain unaware of the consequences arising from those changes.
Where a person is involved in a road traffic accident after 31st May 2021 in which they suffer a personal injury that has a value of less than £5,000, they must now purse a claim though an online claims portal, the Official Injury Claims Service (officialinjuryclaim.org.uk/).
The Whiplash Reform Programme incorporates various measures including a fixed tariff of compensation for whiplash injuries lasting up to 2 years as set out in the table below and at legislation.gov.uk/ukdsi/2021/9780348220612, with the first column the sum payable in damages for one whiplash injury and the second column for those who have suffered a whiplash injury that includes one or more psychological injuries at the same time.
| 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 |
As a result of the introduction of the Whiplash Reform Programme, a claimant in England and Wales is no longer able to recover their legal costs from the insurer of the person responsible for the accident making it extremely difficult for claimants to seek legal advice and assistance when bringing their claims following a road traffic accident.
Some companies still offer their services to act on behalf those who have suffered whiplash injuries. However, the claimant remains responsible for any legal charges arising that could easily exceed any damages recovered making it even more important to consider carefully who they choose to represent them.
The Whiplash Reform Programme does not apply to “vulnerable road users” including pedestrians, cyclists and mobility scooter riders. There are also exemptions for deceased parties, bankrupts and accidents involving vehicles registered outside the UK. Claims brought by children are subject to the damages tariff but not the costs limitation making it easier to seek legal representation where required.
If you have suffered injuries arising from any road traffic accident, please contact our specialist personal injury team to speak directly to a qualified and experienced lawyer who will be able to advise you on the options for pursuing a claim.
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