Whiplash Injury Compensation Claim Solicitors

In 2021, the UK government introduced a reform programme to change how whiplash and small injury claims are handled. These changes link compensation amounts to how long an injury lasts and aim to reduce fraudulent claims and lower insurance costs. Here's what you need to know:

• Higher small claims limit: The limit for road traffic injury claims increased from £1,000 to £5,000. Many minor injury claims are now handled in the small claims court, where legal costs usually can't be recovered.

• Fixed compensation for whiplash: Whiplash compensation is now set by fixed tariffs (set out below) based on the severity and duration of the injury, rather than being negotiated.

• Legal costs not usually recoverable: For claims under £5,000, you generally can't recover legal fees from the other party. If you use a whiplash solicitor, their fees are usually taken from your compensation.

• More claims go through the small claims process: Some small injuries, such as simple fractures, now also fall within the small claims limit.

• Online claims system: Claims can now be made online without a solicitor, although many people still choose legal support due to the complexity of valuing a claim and in the cases involving mixed injury claims.

These changes apply to most road traffic accident claims worth up to £5,000, but they do not apply to vulnerable road users, including cyclists, pedestrians, children or people lacking mental capacity.

You'll usually have a three-year time limit from the date of the accident to make a claim for whiplash. In some cases, this time limit may be different, including:

If you were under 18 at the time of the accident: You can make a claim at any point up to your 21st birthday, as the three-year time limit starts from your 18th birthday if no claim was made earlier on your behalf.

If the injured person lacks mental capacity: There is no time limit while they lack capacity. If they later regain capacity, the three-year time limit begins from that point, even if capacity is lost again later.

Claiming for whiplash requires you to have evidence to show that another party was responsible for your injury. The stronger the evidence, the better the chances of a successful whiplash claim. This usually includes:

• Medical evidence: A diagnosis or report from an independent medical professional confirming your whiplash injury, symptoms and treatment needs.

• Accident details: Information about how the accident happened, including the date, time and location.

• Photos or videos: Images of the accident scene, vehicle damage or any visible injuries.

• Witness details: Contact information or statements from anyone who saw the accident happen.

• Police or incident reports: If the accident was reported, any official records can support your claim.

Not all whiplash claims take the same amount of time to settle - every case is different. Straightforward claims, where liability is admitted and evidence is gathered quickly, can be resolved in as little as 6 months. If liability is challenged or it's a more complex case, it may take over a year to reach a settlement.

Yes, you can still make a whiplash claim even if you were partly at fault. This is known as split liability, where responsibility is shared between parties. If you're found partly responsible, your compensation may be reduced, but you can still claim for your whiplash injury.

Yes, you can still make a claim. Claiming whiplash as a passenger is usually straightforward, as passengers are rarely at fault for an accident. You'll typically claim against the driver responsible, whether that's the driver of another car or the one you were travelling in.

Whiplash claims are usually paid by the at-fault driver's insurance company. However, if the driver is uninsured or cannot be traced (like in cases of hit and runs), the compensation would be paid by the Motor Insurers' Bureau (MIB). The MIB was set up to help victims of road traffic injuries make a claim where there is no insurer available.

If you've been unlucky enough to be hurt in such circumstances, get in touch with our team on 0800 376 0150 and they'll be happy to talk you through what happens when a claim goes to the MIB.