Changes to whiplash claim law – what do they mean?

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On 31 May 2021 the law relating to making a claim after a road traffic accident causes a whiplash injury will change. If your claim is worth less than £5,000, you will be unable to recover legal costs.

The changes make it very difficult for lawyers to represent clients who have claims valued under £5000, as the legal costs are the way a lawyer is paid. To balance this a new claims system has been specifically designed for victims of road traffic accidents so that they can make the claim themselves, without a solicitor.

The Government has also introduced limits on damages which can be awarded for pain, suffering and loss of amenity, depending on the period of recovery. The new tariffs for damages are low with a limit of £240 for the pain, suffering and loss of amenity for whiplash lasting less than 3 months, with the levels rising in stages for every extra 3 months of symptoms up to £4,215 for injuries lasting up to 24 months. In exceptional circumstances the Court can award a further 20%, known as an uplift.

We pride ourselves on ensuring you’ll receive the full compensation which you need and are entitled to, including loss of earnings, medical expenses, prescriptions, damaged property, travelling expenses, hospital parking charges and gratuitous care provided by family and friends during the period of recovery. This can often increase the value of the claim to far more than £5,000, but the new regime would still apply if the physical injury alone has a value of less than £5,000.

If you’ve been involved in a road traffic accident and suffered personal injury, even if the major symptoms appear to be those of whiplash, we’d be happy to speak to you about your claim. We’ll work with you to ensure that all potential losses are considered and calculated in order to determine whether the claim will fall in or out of the new whiplash regime.

If your claim does have a value of less than £5,000, then we’ll explain the impact of the new regime and direct you to the new claims process, putting you on the first step to recovering the compensation you deserve.