Whiplash Reforms

New Whiplash Injury Regulations came into force on 31st May 2021

Legislation to implement the Government’s whiplash reforms came into force on 31 May 2021, which sets limits on the amount of compensation that can be claimed for soft tissue injuries suffered in road traffic accidents.

The new legislation has provided a new definition for what is to be deemed a whiplash injury, has set a compensation tariff for whiplash injuries and has raised the small claims track limit from £1,000 to £5,000.

A whiplash injury is defined by the Civil Liability Act 2018 as ‘an 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’. These types of injuries are often found in Road Traffic Accidents (RTAs).

The new Whiplash Injury Regulations 2021 set the new limit for compensation for pain, suffering and loss of amenity that can be claimed for soft tissue injuries suffered in road traffic accidents as set out in the table below. A small uplift can be claimed where the whiplash sufferer also experiences ‘minor’ psychological injuries as a result of the crash. Where a person suffers more than one whiplash injury through the same accident, the injury with the longest duration will apply. Claims for special damages (expenses) will be separate.