The new regulations apply to all road traffic accidents on or after 31.05.2021.
What is whiplash?
A ‘whiplash’ injury is any injury to your neck, shoulders, or back.
Can I still claim compensation for whiplash?
Yes. If you have been injured as a result of a road traffic accident you can still claim compensation.
You are entitled to claim compensation if you were:-
- A pedestrian, cyclist, motorcyclist, horse rider, mobility scooter user
- The occupant of a vehicle
How do the changes in the law affect my claim?
If you are an occupant of a vehicle and sustain an injury in an accident the government has implemented a tariff scheme for your ‘whiplash’ compensation. This means that depending on how long you are injured for, the government has fixed the amount of compensation you will receive. Your compensation is determined based on the longest duration of injury, for example, if you have a 9 month neck injury but a 15 month back injury, your compensation will be valued as a 15 month injury.
If you are a pedestrian, cyclist, motorcyclist, horse rider, or on a mobility scooter the tariff scheme does not apply. The amount of compensation you are entitled to will be determined in line with the Judicial College Guidelines, these are guidelines used by Judges when considering the amount of compensation for lots of different types of injuries. Your Solicitor will advise you on your likely award for compensation.
What if I have a whiplash injury and other injuries?
Your non-whiplash injuries are called ‘non-tariff injuries’, this is any injury other than to your neck, shoulders, or back. For example, an injury to your wrist or leg. These injuries are valued in line with the Judicial College Guidelines, these are guidelines used by Judges when considering the amount of compensation for different types of injuries. Your Solicitor will advise you on your likely award for compensation for a non-tariff injury.
What if I have a psychological injury, too?
If you have a minor psychological injury your tariff amount will be slightly increased to reflect this. If you have a more serious psychological injury then you will be awarded a separate amount of compensation for this injury, on top of your whiplash injury. The amount of compensation for your psychological injury will depend on the severity.
Get legal advice
You don’t need a solicitor to make a claim for a whiplash injury, but it’s a good idea to get legal advice if you can.
Can ASD help?
We can assist. We will offer a ‘no win no fee’ agreement. If your claim fails there will be no charge, we will fund your claim throughout and pay for items such as court fees. If your claim succeeds we will deduct a success fee from your damages.
If you wish to make a claim please contact any of our solicitors on 0114 2678780 or email [email protected]
