What is whiplash?

A whiplash injury are caused when a person suffers from a sudden jolt to their head or body damaging the muscles, ligaments, tendons or other soft tissues in the neck. Whiplash claims are one of the most common types of personal injury claims.

When we hear the word “whiplash” we automatically think of someone who has been involved in a car accident; however, it can be caused by many different situations. From slips, trips and falls, to sports injuries and even assaults and attacks.

Whiplash symptoms

Whiplash symptoms can include pain and stiffness in the neck, pain in the shoulder, arms or back, headaches, muscular pain, spasms and reduced movement in the neck.

After your accident, symptoms may start a few hours later (around 6 to 12 hours) with any additional inflammation or bruising taking perhaps 24 to 48 hours to develop.

Changes to making a whiplash claim – May 31st 2021

As of the 31st May 2021 the laws around claiming compensation for a whiplash injury changed. The Civil Liabilities Act 2018 – commonly referred to as the ‘whiplash reforms’ were brought into effect for those who wish to seek compensation for a soft tissue injury to the neck, back or shoulder, sustained in a road traffic accident.

The key changes for claimants include:

• A new fixed tariff of compensation, based on the length of time it takes the claimant to recover from their whiplash injury.
• A new online portal, known as the Official Injury Claim portal, that will allow you to run your claim yourself.

Whiplash claim tariffs

Under the Civil Liabilities Act, the amount of compensation that you will receive is based on the length of time it will take you to recover from your injury. The tariff is split into two, with the upper tariff accounting for physical and minor psychological injuries suffered as a result of the accident.

Duration of Injury Lower Tariff (without psychological injuries) Upper Tariff (with psychological injuries)

Less than  3 months £240 / £260

>3 months <6 months £495 / £520

>6 months <9 months £840 / £895

>9 months <12 months £1320 / £1390

>12 months <15 months £2040 / £2125

>15 months <18 months £3005 / £3100

>18 months <24 months £4215 / £4345

You may also be eligible to seek up to a 20% increase in compensation in ‘exceptional circumstances’.  This could include instances where you have suffered a severe whiplash injury which has had a strong impact on your abilities.

If you have suffered an injury that is not whiplash (for example seat-belt bruising, or a soft-tissue injury to another part of your body), then the tariff will not apply to that part of your injury claim and you will receive your full compensation.  If you have suffered a whiplash injury and a non-whiplash injury, then you will receive the tariff amount for your whiplash injury and compensation for the non-whiplash injury.

The new tariff values whiplash injuries which last for up to two years up to the value of £5,000. Therefore if you were still suffering due to a whiplash injury for longer than 2 years, your claim would be worth over £5,000, meaning that your claim would be exempt from the tariff.

Who can make a portal whiplash claim?

You can use the new official injury claim portal to make a whiplash claim on your own behalf if:

• The accident was not your fault.
• You were either the driver or a passenger inside a vehicle.
• You are aged 18 or over.
• The accident happened in England or Wales.
• The accident happened on or after the 31st May 2021.
• The at-fault vehicle has a UK registration number plate.

Who can’t make a portal whiplash claim?

You can’t make a whiplash claim on the portal if:

• The accident happened in Scotland or Northern Ireland.
• The accident happened before 31st May 2021.
• You are aged under 18.
• You were not travelling inside a vehicle when you were injured. For example claims involving cyclists, motorcyclists, pedestrians, horse riders or mobility scooters.

The whiplash injuries tariff only applies to your physical and minor psychological injuries. It does not include out of pocket expenses such as loss of earnings, due to being unable to work as a result of your pain and suffering.

If your claim is valued at over £10,000, taking into account your pain and suffering, as well as any out-of-pocket expenses, your case will be handled outside of the portal. Our team can offer advice and help if this applies to you.

The Civil Liabilities Act defines a whiplash injury as a soft tissue injury or sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder. If you have suffered an injury that is not whiplash e.g. a broken finger, then the tariff will not apply.

How long is a whiplash injury claim?

A simple whiplash injury can be settled within 6 months but only where liability is admitted, the medical prognosis is certain and the insurance company is prepared to make a reasonable offer.