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Whiplash claims
From 31st May 2021, new rules will come into force which will affect how whiplash claims are dealt with.
The changes mean that if you have suffered a whiplash (or ‘soft tissue injury’) in a Road Traffic Accident (RTA) which happened after 31 May 2021, your claim will be valued using a pre-set tariff.
In practice, this means that you will be unable to claim back your legal costs from the person who caused the accident but you may have the benefit of legal expense insurance (Read our guide - How Much Will It Cost?) which gives you access to legal advice. If not, you may decide to pay for legal advice yourself, APIL can put you in touch with specialist lawyer who can help, or you might decide to run the case yourself. To help you do this, there is a new online Official Injury Claim Portal (“the OIC Portal”) where you can register your claim here https://www.officialinjuryclaim.org.uk/claimants.
The Whiplash Tariff has two levels of compensation: one for whiplash (soft tissue) injuries alone and the second for whiplash and minor psychological effects.
| Duration of injury |
Amount – whiplash
Regulation 2(1)(a) |
Amount – whiplash + minor psychological injury
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 |
There is a provision for exceptional circumstances to increase these amounts, but we expect that will be rare and it may take some time for the courts to decide what is meant by ‘exceptional’ circumstances.
It has not yet been determined how claims with a whiplash injury and another injury, say to the leg will be dealt with. You may decide to seek legal advice if you have other injuries in addition to whiplash. APIL can put you in touch with specialist lawyer who can help.
If you live in England or Wales you will need to obtain a fixed-price medical report using Medco – an online database of medical practitioners who will be able to consult with you and prepare a report.
This is an outline of the changes to whiplash and lower value RTA claims and should not be relied upon as legal advice.
The full set of regulations for the Whiplash Tariff and medical expert rules can be found here https://www.legislation.gov.uk/ukdsi/2021/9780348220612/pdfs/ukdsi_9780348220612_en.pdf
RTA where the value of the injuries is no more than £5,000
From 31st May 2021 the changes in England and Wales mean that if you have been involved in a road traffic accident (RTA), and your claim is worth up to £5,000, your claim will be classified as a ‘small claim.’
In practice, this means that you will be unable to claim back your legal costs from the person who caused the accident but you may have the benefit of legal expense insurance (Read our guide - How Much Will It Cost?) which gives you access to legal advice. If not, you may decide to pay for legal advice yourself, APIL can put you in touch with specialist lawyer who can help, or you might decide to run the case yourself. To help you do this, there is a new online Official Injury Claim Portal (“the OIC Portal”) where you can register your claim here - https://www.officialinjuryclaim.org.uk/claimants.
How to work out if your claim should go through the OIC Portal:
- Is your claim related to a road traffic accident (RTA)?
- Did the RTA happen in England or Wales on or after 31 May 2021?
- Were you injured?
- Do you think your injuries are worth no more than £5,000?
- Is the total value of your claim worth up to £10,000 (including your other losses which you have paid for personally such as car repairs or expenses such as for physio for example)? This does not include car credit hire or anything which your insurer has paid for directly.
If the answer to all these questions is ‘yes’ then your claim is likely to be one that will need to be submitted through the OIC Portal. The website will guide you through a series of questions and answers, and you will be able to add photos, dash-cam footage, copies of receipts and so on to your claim.
The government has said that if you are unsure of the value of your claim, the OIC Portal will provide links to sections from the Judicial College Guidelines which will help you to estimate the value of your claim. Alternatively, you can seek legal advice, but you will have to fund this yourself.
Some people are excluded from this new OIC Portal. They include:
- "vulnerable road users" which means
- motorcyclists and pillion/sidecar passengers,
- cyclists,
- pedestrians,
- horse riders
- those using mobility scooters;
- if you are an undischarged bankrupt, or
- if you are claiming for a person who has died, or
- if the RTA happened outside of the UK, or
- the other person’s vehicle was registered outside the UK.
If you come within one of these categories then some of these new rules do not apply and you should scroll down to Section 3 - All other RTA related claims
This is an outline of the changes to lower value RTA claims and should not be relied upon as legal advice.
The full set of rules, regulations, forms and medical expert rules can be found here:
There are rules which govern how all other RTA personal injury claims are run which your lawyer must follow in order to set out your claim.
Do I need a lawyer?
Yes you do! Many insurance companies like to contact the people involved in an accident to try to settle the claim directly. They sometimes do this even after you have instructed your own solicitors. This could be your own insurer or the insurer for the driver of the other vehicle involved.
While this is allowed, there are good reasons why you should not deal with the insurer of the driver who caused your injury directly and why you should instruct a lawyer, particularly if you claim is not included in the new Whiplash rules or is a RTA claim where the injury is worth up to £5,000.
- The lawyer will be able to deal with your claim. Provided that liability is admitted and the claim is worth £25,000 or less, it could be finalised quickly and efficiently through the process.
- The other drivers’ insurer is likely to make you a lower offer that you are entitled to in the hope that you will settle quickly and the claim can be closed. Our own research shows that claimants receive offers which are at least 42% lower when they are not legally represented. For this reason alone it is in your best interests to instruct a lawyer to represent you.
- The other drivers’ insurer will pay your costs and expenses if you are legally represented and successful with your claim. Dealing with the insurer directly is time consuming and is not straightforward. If you do not instruct a lawyer and deal with the other drivers’ insurer yourself, you are unlikely to be able to claim back the cost of the time and effort you have to put in to settle the claim.
- A lawyer will ensure that you are properly medically examined. While it is tempting to take the first amount offered by the insurance company for a broken bone, there is a risk that this might not be your only injury which requires compensation. For example, long term pain, the risk of developing arthritis in the future, or psychological after-effects may also develop: your lawyer will ensure that the medic is alive to these issues.
If the accident was your fault, you should never make admissions to the injured person’s insurance company. You should seek legal advice to protect your financial and legal position.
Funding your claim
Read our guide - How Much Will It Cost?. Your APIL accredited lawyer will explain to you what type of funding is best for your claim.
How much compensation can I claim for a road traffic accident?
The amount of compensation you can claim depends on the type of injury you have suffered, how long it lasts and whether there are any lingering effects. A table of common injuries which people suffer in RTAs are listed below, with the range of compensation which may be payable.
In addition to compensation for your injury, you can also claim what are known as ‘special damages.’ These are usually the expenses you have had to spend as a result of your injury. These can include:
- loss of earnings;
- extra travel expenses;
- car hire;
- prescription charges;
- medical costs;
- the cost of replacing damaged clothing or spectacles, for example.
For more serious injuries, you can also claim for extra aids and equipment to help you get around, adapt your home or car, and for the cost of carers to look after you while you are injured.
Some examples taken from the Judicial College Guidelines for England, Wales and Scotland. For Northern Ireland, damages are set out in the Green Book.
|
Wrist injuries |
| Injuries resulting in complete loss of function in the wrist for example, where an arthrodesis has been performed. |
£37,960 to £52,490 |
| Injury resulting in significant permanent disability, but where some useful movement remains. |
£19,530 to £34,340 |
| Less severe injuries where these still result in some permanent disability as, for example, a degree of persisting pain and stiffness. |
£10,040 to £21,480 |
| Where recovery from fracture or soft tissue injury takes longer but is complete, the award will rarely exceed £8,160 (£8,970 with 10% uplift). |
Rarely exceed £8,160 |
| An uncomplicated Colles' fracture. |
In the region of £5,920 to £6,510 |
| Very minor undisplaced or minimally displaced fractures and soft tissue injuries requiring application of plaster or bandage for a matter of weeks, a full or virtual recovery within up to 12 months or so. |
£2,810 to £4,160 |
|
Injuries to the Pelvis and Hips |
| Severe |
| (i) Extensive fractures of the pelvis involving, for example, dislocation of a low back joint and a ruptured bladder, or a hip injury resulting in spondylolisthesis of a low back joint with intolerable pain and necessitating spinal fusion. Substantial residual disabilities such as a complicated arthrodesis with resulting lack of bladder and bowel control, sexual dysfunction, or hip deformity making the use of a calliper essential; or may present difficulties for natural delivery. |
(i) £73,580 to £122,860 |
| (ii) Injuries only a little less severe than above but with particular distinguishing features lifting them above any lower bracket. Examples are: (a) fracture dislocation of the pelvis involving both ischial and pubic rami and resulting in impotence; or (b) traumatic myositis ossificans with formation of ectopic bone around the hip. |
(ii) £58,100 to £73,580 |
| (iii) Many injuries fall within this bracket: a fracture of the acetabulum leading to degenerative changes and leg instability requiring an osteotomy and the likelihood of hip replacement surgery in the future; the fracture of an arthritic femur or hip necessitating hip replacement; or a fracture resulting in a hip replacement which is only partially successful so that there is a clear risk of the need for revision surgery. |
(iii) £36,770 to £49,270 |
| Moderate |
| (i) Significant injury to the pelvis or hip but any permanent disability is not major and any future risk not great. |
(i) £24,950 to £36,770 |
| (ii) These cases may involve hip replacement or other surgery. Where it has been carried out wholly successfully the award will tend to the top of the bracket, but the bracket also includes cases where hip replacement may be necessary in the foreseeable future or where there are more than minimal ongoing symptoms. |
(ii) £11,820 to £24,950 |
| Lesser Injuries |
| (i) Cases where despite significant injury there is little or no residual disability. Where there has been a complete recovery within two years, the award may but is unlikely to exceed the midpoint in the range. |
(i) £3,710 to £11,820 |
How long do I have to claim after a road traffic accident?
Usually court proceedings must be started before the third year anniversary of the road traffic accident.
This does not mean you should wait nearly three years before seeking legal advice, though. A lot of work needs to be done before court proceedings can be issued and the later you leave it to seek advice, the more difficult it will be to find a lawyer willing to take on your claim.
If the road traffic accident happened abroad, then a different time limit will almost certainly apply which could be anything from one year to ten years, depending on location.
There are also different time limits for children, and individuals who lack legal capacity.
It is vital that you seek legal advice as early as possible to avoid running out of time to make a claim.
Can I claim for treatment and care costs following a road accident?
If you have been injured as a result of someone else’s negligence there are a range of benefits available to you, in addition to much-needed medical treatment and financial redress.
APIL lawyers are the gateway to finding the care, financial help and benefits which will speed your recovery. They can help you to obtain the following from the negligent party or their insurers:
- Upfront payments, e.g. taxis to hospitals
- Domestic care
- Equipment and adaptations to make your life easier, while you recover e.g. wheelchair, ramps at home
- Early private medical treatment e.g. physiotherapy
- Arranging flexible return to work
- Retraining, if needed, which will give you access to future employment
Can I claim if a road accident made my existing symptoms worse?
It is possible to claim compensation for accidents which have exacerbated a pre-existing condition.
Provided that liability is admitted for the accident, it is possible to factor in the effect of exacerbated pre-existing conditions, provided that you can prove that the accident did adversely affect them. The key is to ensure that you make your lawyer aware of the pre-existing condition so that your medical evidence can take it into account.
The general rule is that the person causing the injury must ‘take the claimant as he or she finds them.’ So for example, if you have a prolapsed disc in your spine and the road traffic accident causes it to degenerate, then this could be taken this into account when calculating your compensation.
Can I make a road accident claim if it was my fault?
Was it really your fault? Make sure you tell your insurance company and/or solicitor exactly what happened.
If it was your fault, then you cannot make a claim for personal injury, but you may still need legal advice, particularly if the other people involved in the accident make a claim on your insurance if they have been injured.
You should:
- Tell your insurance company exactly what happened, and keep a note of what you have told the company;
- Take photographs of the damage to your vehicle, as well as the other vehicles involved in the accident;
- Pass on details of any witnesses
- Seek legal advice, particularly if insurers contact you direct – make no admissions to them until you have been given legal advice.
Many insurance companies like to contact the people involved in an accident to try to settle the claim directly. They sometimes do this even after you have instructed your own solicitors. This could be your own insurer or the insurer for the driver of the other vehicle involved.
While this is allowed, there are good reasons why you should not deal with the insurer directly:
- The insurer will be looking to save money and is likely to make you a low offer in the hope that you will settle quickly and the claim can be closed. Our own research shows that claimants receive offers which are at least 42% lower when they are not legally represented.
- The insurer will only pay your costs and expenses if you are legally represented. Dealing with the insurer directly is time consuming and by no means straightforward. Dealing directly will mean that you are unlikely to be able to claim back the time and effort you have to put in to settle the claim yourself.
- A legal representative will ensure that you are properly medically examined. While it is tempting to take a low amount from the insurer for a broken bone in the early days after an accident, there is a risk that this might not be your only injury which requires compensation. For example, long term pain, the risk of developing arthritis in the future or psychological after effects may also develop: your lawyer will ensure that the medic is alive to these issues.
- If the accident was your fault, you should never make admissions to the injured person’s insurance company direct: seek legal advice to protect your financial and legal liability position.
Will my road accident injury claim to go court?
Very few personal injury claims actually go to a full court hearing or ‘trial’. The majority of cases are settled out of court.
Court proceedings might have to be started, for example where the third year anniversary of the accident date is approaching, or the person who caused the accident does not admit liability or disputes the value of the claim.
Proceedings are started by lodging a claim form with the court. Even after this has been done, most claims will not go to a full trial although there might be some court applications which need to be made, to obtain vital documents, evidence, or to set a costs budget for example.
The claim will go to trial in court if both sides cannot agree either who was responsible for the accident, the extent of the injuries caused or the valuation of the compensation.
You may have to give evidence, possibly along with one or more of your experts. Your lawyer will explain the court procedures should a trial look likely.
Pedestrian claims
If you were a pedestrian who was involved in an accident which involved a motor vehicle of some sort then your claim can also be dealt with through the electronic portal (see low value accident claims above) unless your injuries are sufficiently severe to mean that you are likely to receive more than £25,000 in compensation. Severe cases would include those where you have suffered multiple serious injuries where you are likely to need ongoing care or suffer a loss of earnings in the future as a result of them.
Passenger claims
Passengers who are travelling in a vehicle involved in a road traffic accident can claim compensation from the at-fault driver. Even if it was the driver of the car in which they were travelling who caused the accident, the passengers can still claim. This applies unless the passenger contributed to the accident, of course, for example by distracting the driver or interfering with the controls in some way.
Cycling claims
If you were a cyclist who was involved in an accident which involved a motor vehicle of some sort then you should speak to a lawyer about whether you can make a claim.
Road rage incidents
Individuals who suffer injuries as a result of ‘road rage’ incidents can also claim compensation from the Criminal Injuries Compensation Authority (CICA). The proviso is that the vehicle must have been used intentionally to cause the injury. For example, this could include deliberately clipping a cyclist, driving onto the pavement to target pedestrians or deliberately ramming into another car. Lawyers will tend to advise that you make a CICA claim alongside a personal injury claim against the vehicle’s insurance company. The CICA would usually ask for its damages to be repaid from the personal injury compensation in the event that the claim against the insurer eventually succeeds.
Uninsured driver claims
If you are injured in a road accident and find out that the at-fault driver was uninsured, your lawyer can claim compensation for your injuries from the Motor Insurers’ Bureau (MIB).
The MIB has its own rules about how the claim must be run and it is vital that you seek legal advice to avoid falling foul of its strict timetables and provisions.
The MIB runs an insurance company-backed scheme which was set up in agreement with the Government back in 1945 to ensure that those injured by an uninsured driver can be compensated for their injuries.
The MIB will cover claims against all classes of vehicle which must carry compulsory road insurance.
There are some organisations which do not need to have RTA insurance and which are not covered by the MIB’s scheme. These include vehicles owned by:
- The Crown
- NHS Trusts
- Ambulances owned by a National Health Service trust
- Education Authorities
- Primary Care Trusts
- Police
- Local Councils
- The Army
- Fire Services
- City of London
- Inner London Education Authority
to name but a few. The full list can be found in section 144 of the Road Traffic Act 1988 here: https://www.legislation.gov.uk/ukpga/1988/52/section/144.
In these circumstances, the vehicle’s owner will pay out compensation for the claim, rather than an insurance company.
Why use an APIL road accident lawyer?
The Association of Personal Injury Lawyers has over 3,500 members and is an independent, not-for-profit organisation fighting for the rights of injured people. APIL provides accreditation for lawyers who specialise in personal injury law and this accreditation shows that these lawyers have achieved high standards of expertise and competence. Our accredited lawyers are committed to attending legal personal injury training to keep their specialist personal injury skills up-to-date.
Only accredited injury lawyers specialising in road accidents are listed on this page.