New Whiplash Injury Reforms (Post 31 May 2021)
The whiplash reforms were implemented on 31 May 2021 and only apply to accident claims which occurred on or after 31 May 2021.
The reform is to encourage claimants to pursue whiplash claims without the assistance of legal representation. It only applies to whiplash injuries.
The 2021 Whiplash Reforms only applies to Road Traffic Accidents. That means if you have suffered through a slip, trip, fall or an accident at work, your claim will not be dealt with under this new Protocol.
What is a Whiplash Injury?
A whiplash injury means an injury of soft tissue in the neck, back or shoulder. This includes any strain, bruised, lesser damage of a muscle in the neck, back, shoulder. You may not always be able to physically see a whiplash injury.
However, please note that whiplash injuries DO NOT include damages to soft tissue, which is part of, or connected to, a non-whiplash injury.
Whiplash Injuries (The Whiplash Injury Regulations 2021 2(1)(a)):
If you have suffered a whiplash injury to their neck, back or shoulder, this will be valued by reference to a whiplash – only tariff:
| Duration of Injury | Amount – Regulation 2(1)(a) |
| Not more than 3 months | £240 |
| More than 3 months but not more than 6 months | £495 |
| More than 6 months, but not more than 9 months | £840 |
| More than 9 months, but not more than 12 months | £1,320 |
| More than 12 months but not more than 15 months | £2,040 |
| More than 15 months, but not more than 18 months | £3,005 |
| More than 18 months, but not more than 24 months | £4,215 |
If you have multiple whiplash injuries, to determine the correct amount, you look at your most severe injury. For example, if you have a 2-month injury and a 7-month injury, the correct tariff would be “more than 6 months but no more than 9 months”.
Whiplash and minor psychological injury (The Whiplash Injury Regulations 2021 2(1)(b)):
If as well as a whiplash injury (or injuries), you may have had a minor psychological injury, such as shock or travel anxiety. The claim is still valued by reference to a whiplash and minor psychological injury tariff.
| Duration of Injury | Amount – Regulation 2(1)(b) |
| Not more than 3 months | £260 |
| More than 3 months, but not more than 6 months | £520 |
| More than 6 months, but not more than 9 months | £895 |
| More than 9 months, but not more than 12 months | £1,390 |
| More than 12 months, but not more than 15 months | £2,125 |
| More than 15 months, but not more than 18 months | £3,100 |
| More than 18 months, but not more than 24 months | £4,345 |
Non-whiplash injuries:
If you have suffered an injury that is not a whiplash, then the tariff will not apply to your injury claim or that part of your injury claim.
If you require assistance to value your non-whiplash injuries, please contact us on 0207 870 4870 today to speak to one of our Personal Injury specialists.
Other protocol damages – property damage:
You may have incurred losses due to the accident. For example, costs of repairs that they have paid, damage to property that was in the car. You should keep receipts for those items where possible or obtain proof of the items.
How do you know if your injuries are worth less than £5,000?
The £5,000 threshold is high; for a whiplash injury to exceed £5,000, a medical expert will have to believe that in their medical opinion, the injury will persist longer than 2 years and more importantly, the injuries were caused by the accident;
Most of the time, whiplash injuries will be worth less than £5,000.
Claims that are excluded under this new regime:
- If your claim is over £5,000 or together with other protocol damages, your claim is over £10,000;
- You are a protected party, meaning a party who lacks mental capacity to conduct proceedings;
- You have a personal injury, but you were not inside a motor vehicle (e.g., motorbike/bicycle);
- Your claim is against an untraced driver;
- You were a vulnerable road user at the time of the accident (e.g., motorcyclist, pillion passenger, passenger in a sidecar attached to a motorcycle, wheelchair, powered wheelchair user, rider of a mobility scooter, on a bicycle or other pedal cycle, riding a horse or a pedestrian;
- Either you or the person you are claiming against (Defendant/Opponent) is a personal representative of a deceased person;
- You are currently bankrupt;
- The defendant’s vehicle is registered outside the UK
Need help?
Here at Law Lane Solicitors, we have the experience and expertise to advise you on your personal injury claim. If you would like to speak to one of our Personal Injury specialists, please call us on 0207 870 4870 today.
Disclaimer
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