Since the whiplash reforms came into force on 31 May 2021, the way compensation is calculated for whiplash injuries has changed significantly. These reforms apply to claimants who suffer whiplash injuries as a driver or passenger in a motor vehicle.
Under the new rules, compensation is determined by a fixed tariff, which has reduced the level of damages previously awarded for these injuries.
The whiplash tariff sets compensation amounts based on the duration of symptoms rather than individual circumstances. Current tariff awards range from:
As a result, many claimants now receive significantly lower compensation than they would have before the reforms were introduced.
In addition to physical symptoms, minor psychological injuries, such as travel anxiety, are also included within the whiplash tariff. This means that claimants usually receive only a small additional sum on top of their whiplash award, rather than separate compensation.
Importantly, the whiplash tariff does not apply to vulnerable road users. This includes:
These claimants are assessed under traditional personal injury principles and are not restricted by the tariff when claiming compensation.
Recent Court of Appeal guidance has confirmed an important exception to the tariff system. If a claimant suffers a non-whiplash injury in addition to whiplash, compensation is not limited to the tariff alone.
Examples of non-whiplash injuries include:
In these cases, the claimant may receive additional compensation, which can significantly increase the overall value of the claim.
Our team has decades of combined experience handling personal injury and whiplash claims. We understand the complexities of the whiplash reforms and how recent legal developments may affect your compensation.
The NJS Law Personal Injury Specialists are sympathetic, knowledgeable, and committed to achieving the best possible outcome for every client.
If you would like to discuss your situation, please get in touch today to arrange a free, no-obligation consultation. We are available by phone or email.
For fast, friendly affordable legal advice. Contact a member of our team today.
