On 31st May 2021 the Government’s whiplash reforms (part of the Civil Liability Act 2018) will finally come into effect. These changes will limit the compensation payable to claimants who suffer soft tissue injuries in a road traffic accident occurring after that date and raise the small claim limit to £5000 meaning that they are unlikely to recover their legal costs from the other side, forcing them either to represent themselves or pay for the services of a solicitor to represent them. It is important to note that the changes do not relate to:-
- Accidents other than road traffic accidents, g. accidents at work, clinical negligence or public liability claims etc,
- Accidents which occurred prior to 31st May 2021
- Claims where the compensation for the injury alone is more than £5000 and the overall value of the claim less than £10,000.
- Road traffic accidents involving vulnerable road users such as pedestrians, cyclists motorcyclists, and horse riders
- Claims involving children and claimants who lack legal capacity
A whiplash injury is defined as “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.”
Injuries will now be calculated on a tariff basis based upon the duration of the injury rather than by considering valuation guidance to judges and previously decided cases.
| Duration of injury | Whiplash only | Whiplash and minor psychological injury |
| 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 | £1320 | £1390 |
| More than 12 months but not more than 15 months | £2040 | £2125 |
| More than 15 months but not more than 18 months | £3005 | £3100 |
| More than 18 months but not more than 24 months | £4215 | £4345 |
Additional injuries, other than whiplash or psychological injuries will continue to be valued as now.
Further Changes
The Government has decided to defer plans to increase the small claims track limit for employers and public liability claims to £2000 until April 2022 and to amend the proposed increase to £1500.
Although these changes will limit the use of solicitors in low value road traffic accident cases, the Personal Injury Team at Beers will continue to fight hard for compensation for Claimants who have been injured whilst at work, as a result of negligent medical treatment or delays, life changing road traffic accidents, and claims where injury occurred on public or privately owned land. Please contact us on 01752 246000 for a free no obligation consultation.
