New rules governing claims for road traffic whiplash injuries

Neille Ryan

Partner & Head of Personal Injury

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May 10, 2021

Categories Personal Injury Claims

New rules will apply to many of those wishing to claim for a whiplash injuries lasting up to 24 months and suffered in a road traffic accident occurring after 31 May 2021.

Unfortunately these rules will make it harder for victims to get compensation and the amount they receive will be considerably lower.

The list of those not subject to these new rules includes:

  • Children or protected parties (for example a Claimant who is mentally incapable)
  • Where the claimant was:
    • using a motor cycle
    • a pillion passenger
    • using a wheelchair
    • using a bicycle
    • riding a horse
    • a pedestrian
  • The Claimant is an undischarged bankrupt on the date proceedings are started
  • The Claimant or Defendant acts as a personal representative of a deceased person
  • The Defendant’s vehicle was registered outside the UK on the date of the accident

But it’s clear that the vast majority of those injured in road traffic accidents (RTAs) will fall foul of this new regime. Their damages will now be determined by a tariff based on how long their symptoms lasted:

Duration of injury For whiplash without (minor) psychological injury For whiplash with (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 £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

In exceptional circumstances the tariff award may be increased by up to 20% but to receive it, the Claimant is likely to have to go to Court and persuade a Judge that theirs is an exceptional case. We don’t expect many such enhancements to be granted.

And if your claim falls under these new rules then you will no longer be able to recover any legal fees if your claim succeeds. So you will either have to do the claim yourself, or pay for legal help unfortunately.

If you need advice about making a personal injury compensation claim or a claim for medical negligence, contact Neille Ryan on 01227 763939 or email