Can I claim for whiplash?
Whiplash is a common injury resulting from a road traffic incident. It is caused by a sudden jolt (i.e. impact from a rear-end shunt), which stretches the neck and damages its ligaments.
Because whiplash injuries are so common, our personal injury solicitors are regularly asked if they can help claim compensation. It is possible to claim compensation for a whiplash injury; however, there are now stricter rules.
New whiplash claim rules: when you can and can’t claim
Whiplash can be a minor injury, with symptoms such as a headache or sore neck which pass after a few days. However, it can also be serious, leading to neurological effects and even bowel or bladder dysfunction.
Because whiplash injuries are so common, in 2021, the Government implemented new rules to help reduce the number (and cost) of fake or exaggerated whiplash claims. Under the whiplash reforms and Civil Liability Act 2018, a new tariff was introduced to manage levels of compensation for whiplash injuries and other small injury claims.
The changes only apply to road traffic accidents (RTAs) in motor vs motor incidents.
The whiplash reforms do not apply to accidents involving:
- Pedestrians
- Cyclists
- Motorcyclists
- Pillion passengers
- Sidecar passengers
- Wheelchair or mobility scooter users
- E-scooter riders
- Horse riders
The change also does not apply to children under the age of 18, or where the Claimant is a protected party (where they lack capacity to conduct proceedings).
What changed under the whiplash reforms?
The whiplash reforms include these changes:
- An increase to the small claims general damages limit for RTA injuries (such as whiplash), from £1,000 to £5,000.
- This means that it doesn’t make financial sense to claim compensation through a personal injury solicitor if it’s valued at less than £5,000.
- A clearer definition of a whiplash injury, which includes soft tissue injuries to the neck, back, and shoulders.
- This means more minor injuries are now classed as a small claim, e.g. simple soft tissue injuries and bruising, and even simple fractures.
- Compensation for whiplash is now capped and follows a fixed tariff based on the duration of the injury. The tariff for whiplash injuries can be found here.
- Claims for whiplash injuries that last longer than two years fall outside of the fixed tariff and can be dealt with in the same way as before the reforms.
- Claimants can no longer recover legal costs from the Defendant (other side) in small claims, i.e. claims less than £5,000. On this basis, Claimants either have to fund the personal injury claim themselves (which would normally cost more than any compensation received) or do it themselves.
- Claimants can make a small RTA claim online using the Official Injury Claim portal, without needing to instruct a personal injury lawyer.
Symptoms of whiplash
If you experience a sudden jolt in the neck, such as from a rear-end shunt as a driver or passenger, and are experiencing pain and stiffness, you may have whiplash. It is important to speak to your GP as soon as possible, who can assess your symptoms and recommend treatment.
Common symptoms of whiplash include:
- Headaches
- Blurred vision
- Fatigue
- Difficulty moving the neck
- Swelling of the neck
- Pain in your back
- Shoulder or arm pain
- Dizziness
- Nausea
How to claim for whiplash
Small injury claims under £5,000
If your claim is worth less than £5,000, you should go through the Official Injury Claim service, which is managed by the Motor Insurers’ Bureau (MIB). But how do you value a small claim?
The tariffs are based on the length of time your symptoms last and the severity of your injury. For example, for whiplash injuries lasting three months or less, your claim would be valued at £275. At the other end of the scale, for whiplash injuries lasting more than 18 months but less than 24 months, the value is £4,830. You can view up-to-date tariffs here.
Claims over £5,000
If your symptoms last longer than two years, your claim would be valued at over £5,000, and you should instruct a personal injury solicitor. They can assess your claim and advise you on whether you can claim compensation.
Contact our personal injury solicitors
If you have suffered a whiplash injury that is valued at over £5,000, or injuries that do not fall within the tariffs for whiplash, our personal injury lawyers may be able to help you claim compensation. Call us on 0117 325 2929 or fill out our online enquiry form.
