LEGAL GUIDE · ENGLAND & WALES
If you have suffered a whiplash injury in a road traffic accident, the rules that govern your compensation changed significantly on 31 May 2021. The Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 introduced a fixed tariff system that sets the maximum compensation most whiplash claimants can receive, replacing the previous approach where solicitors and insurers negotiated an amount based on individual circumstances.
This guide explains exactly what changed, how the tariff works, who it does and does not apply to, and how NJS Law can still help you get everything you are entitled to under the new rules.
Key date: The whiplash reforms came into force on 31 May 2021 and apply to all road traffic accident whiplash claims where the accident occurred on or after that date. Claims arising from accidents before 31 May 2021 are assessed under the old rules using the Judicial College Guidelines.
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The term “Whiplash Reform Act” is a common shorthand for changes introduced by Part 1 of the Civil Liability Act 2018, which came into force in May 2021 alongside the Whiplash Injury Regulations 2021. The reforms were designed to reduce the cost of whiplash claims — which had been identified as a major driver of rising motor insurance premiums — and to clamp down on fraudulent and exaggerated claims.
The two main changes were:
At the same time, the small claims track limit for road traffic accident personal injury claims was raised from £1,000 to £5,000, meaning that in most whiplash cases the defendant’s insurer no longer has to pay the claimant’s legal costs — even if the claimant wins.
The tariff sets fixed compensation amounts for whiplash and minor psychological injuries linked to the same accident, based on the predicted duration of your symptoms. It applies to soft tissue injuries only — if you have a fracture, disc injury, or other non-soft-tissue injury, those elements are valued separately using the Judicial College Guidelines.
Predicted Duration of Symptoms | Tariff Amount |
Up to 3 months | £240 |
More than 3 months, up to 6 months | £495 |
More than 6 months, up to 9 months | £840 |
More than 9 months, up to 12 months | £1,320 |
More than 12 months, up to 15 months | £1,630 |
More than 15 months, up to 18 months | £1,930 |
More than 18 months, up to 24 months | £2,790 |
Predicted Duration of Symptoms | Tariff Amount |
Up to 3 months | £80 |
More than 3 months, up to 6 months | £260 |
More than 6 months, up to 9 months | £510 |
More than 9 months, up to 12 months | £640 |
More than 12 months, up to 15 months | £750 |
More than 15 months, up to 18 months | £900 |
More than 18 months, up to 24 months | £1,390 |
Exceptional circumstances uplift: A court can award up to 20% above the tariff in exceptional circumstances — for example, where the injury has had an unusually severe impact on the claimant’s daily life beyond what the duration of symptoms alone would suggest. This must be applied for; it is not automatic.
The tariff only covers the general damages element for the soft tissue injury itself. You can still claim all of the following in addition to the tariff amount:
There is no cap on special damages. You can still recover in full:
If your accident caused injuries beyond soft tissue — such as a fractured bone, a disc protrusion, a concussion, or a shoulder labral tear — those injuries are valued under the Judicial College Guidelines (18th edition, April 2026), not the whiplash tariff. Where multiple injuries are present, the tariff and Judicial College damages can be combined.
The whiplash tariff does NOT apply if:
Most whiplash claims arising from accidents after 31 May 2021 must be submitted through the Official Injury Claim portal (officialinjuryclaim.org.uk), a government-backed online system designed to let claimants handle their own cases without a solicitor.
While the portal is accessible to self-represented claimants, using it without legal advice carries real risks:
Can I still use a solicitor? Yes. While solicitor costs are generally not recoverable from the defendant in small-track whiplash claims, NJS Law can assess your case and advise whether the value of legal representation — particularly where special damages are significant or non-soft-tissue injuries are present — outweighs the cost. In many cases, the value we add exceeds our fee.
The reforms were intended to make whiplash claims simpler and cheaper. In practice, insurers remain commercially motivated to pay as little as possible. A solicitor adds value in several key ways. For a wider view of how compensation is structured, see our guide on general damages versus special damages:
Suffered a whiplash injury in a road traffic accident? NJS Law will assess your claim — including any non-soft-tissue injuries and financial losses — for free.
The reforms introduced a new power for courts to dismiss a claim in full where the claimant has been fundamentally dishonest — even if a genuine element of the claim exists. Insurers are increasingly raising fraud allegations, including in cases where the claimant believes their claim is entirely legitimate. If an insurer accuses you of exaggerating or fabricating your injury, having a solicitor to represent you is essential.
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The tariff sets general damages for the soft tissue injury itself — ranging from £240 (symptoms up to 3 months) to £2,790 (symptoms of 18–24 months). However, you can also recover the full value of your financial losses — lost earnings, medical costs, vehicle hire — with no cap. If you have non-soft-tissue injuries, those are valued separately using the Judicial College Guidelines and can add significantly to your total award.
It applies if your accident occurred on or after 31 May 2021, involved a motor vehicle on a road or other public place in England or Wales, and your injuries are soft tissue (whiplash). It does not apply to children under 18, protected parties, accidents before May 2021, cyclists or pedestrians hit by vehicles, or injuries predicted to last more than 24 months.
Yes. Solicitor fees are generally not recoverable from the defendant in small-track whiplash claims, meaning you would pay a success fee from your compensation. However, where special damages are significant, non-soft-tissue injuries are present, or liability is disputed, the value a solicitor adds typically outweighs the cost. NJS Law will tell you honestly at the outset whether instructing us makes financial sense for your specific claim.
Your compensation is based on the medical expert’s prediction of symptom duration at the time of the report. If your symptoms last longer than predicted, it may be possible to revisit the medical evidence before any settlement is finalised. This is one reason why it is important not to rush to settle before your condition has fully stabilised.
Yes. The tariff includes a separate rate for minor psychological injuries accompanying a physical whiplash claim. Where psychological effects are more serious — for example, a diagnosed PTSD, a significant driving phobia, or a depressive episode — these may be valued above the minor psychological tariff using the Judicial College Guidelines, particularly if symptoms are predicted to last longer than 24 months or have a severe impact on your daily life.
Straightforward whiplash claims through the OIC portal — where liability is not disputed and symptoms resolve within a few months — can settle in as little as 3 to 6 months. More complex cases involving disputed liability, additional injuries, or significant special damages typically take 12 to 18 months.
This article is for general information only and does not constitute legal advice. The tariff figures quoted reflect the Whiplash Injury Regulations 2021 as in force at the date of publication. Figures are subject to change by statutory instrument — verify the current tariff before relying on them.
For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of road traffic accident claims, including eligibility, time limits and the claims process, see NJS Law’s road traffic accident claims service page.
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