New Rules for Whiplash Claims for Accident on or After 31st May 2021
What’s changed?
From 31st May 2021, the law will change in respect of making a claim after a road traffic accident. If you suffer a whiplash injury, then it is unlikely that we will be able to recover any legal fees. Further, the value of the whiplash claim will be reduced and fall within a fixed tariff scheme.
What is Whiplash?
For accidents on or after 31st May 2021, the law will define whiplash injuries as any soft tissue injury to the neck, back or shoulder.
Tariff Based Damages
The government will fix the value of the claim for whiplash based upon a fixed tariff system. The damages will be fixed as follows:-
| Duration of injury | Amount
|
| 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 |
Exceptional Cases
A client can request an uplift in exceptional circumstances. The procedure is that the claimant can advise at the outset, and to the medical expert, that they feel they are entitled to a 20% uplift on the tariff because of some exceptional circumstances.
The criteria for exceptional circumstances is unclear, but it could include a lengthy period of treatment, a ruined holiday, lengthy period off work.
What are the reasons for the change?
Some commentators have suggested that the insurers are using fraud and exaggeration as an excuse and smokescreen to prevent genuine injury victims from being able to pursue damages for the injury they have suffered. It is estimated that the number of claims for spinal injuries could drop by up to 95% resulting is a saving for the insurance industry of more than £10 billion over the next decade. The Conservative Party has of course a long-standing financial relationship with the Insurance Industry. According to an investigation by the Guardian, financial firms with insurance interests have given the Tories more than £15 million since 2010.
Can I still claim?
Yes. We will continue to represent people who have suffered a whiplash injury. We will also continue to provide a high level of service, including home visits by a solicitor and the use of an orthopaedic surgeon rather than a GP to produce medical reports.
New Rules for Whiplash Claims for Accident on or After 31st May 2021
Other related pages
How Safe Are Young Drivers On The Road?
Be Wary Of Third Party Capture When Making A Road Accident Claim
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