Despite our heavy campaigning against their introduction, the whiplash reforms came into effect under the Civil Liability Act 2018 in May 2021, affecting people’s right to justice and having to accept lower compensation awards.
Unfortunately, the change has already and will continue to directly affect cases of those who suffer whiplash injuries as result of a road traffic accident, resulting in victims having to now accept much lower compensation amounts than they have previously.
How The Reforms Could Affect Your Personal Injury Claim
Under the new reforms the government has reduced the amount of compensation claimants could recover for whiplash injuries. They’ve essentially introduced a tariff-based injury system based on a person’s injury length, which is now fixed within the law with no means for negotiation for higher amounts based on individual circumstances.
Claimants who suffer whiplash injuries will not be able to recover any more than the fixed tariff amount and there is no longer any means for negotiation with the insurer.
In some cases, this has resulted in claimants now receiving between 80% – 90% less than they did before these legal reforms were introduced.
The changes affect those who:
- Are over the age of 18
- Had an accident in a motor vehicle on or after 31st May 2021
- Suffered whiplash injuries which are worth less than £5,000, as per a medical experts opinion, and that the total value of claim is estimated to be less than £10,000.
If you don’t want to go it alone, Bott and Co have integrated the OIC portal into our system and we can therefore continue to act on your behalf if you would like us to.
The good news is that the reforms do not include motorcyclists, cyclists, pedestrians, or scooter riders.
More Information
What Is Classed As A ‘Whiplash Injury’?
Under the new reforms, a whiplash injury is classed as a soft-tissue injury to the neck, back or shoulder. This includes damage to muscles, tendons, or ligaments in those parts of the body.
This does not include damage to soft tissue, which is part of, or connected to, a non-whiplash injury. So, a shoulder fracture with some soft-tissue damage would not count as a whiplash injury.
What Is The Tariff Being Used To Calculate Compensation Amounts?
| Duration Of Injury | Lower Tariff (without psychological injuries) | Upper Tariff (with psychological injuries) |
|---|---|---|
| Not more than 3 months | £240 | £260 |
| More than 3 months but not more than 6 months | £495 | £520 |
| More than 6 months but not more than 9 months | £840 | £895 |
| More than 9 months but not more than 12 months | £1,320 | £1,390 |
| More than 12 months but not more than 15 months | £2,040 | £2,125 |
| More than 15 months but not more than 18 months | £3,005 | £3,100 |
| More than 18 months but not more than 24 months | £4,215 | £4,345 |
An additional 20% may be claimed in “exceptional circumstances.” An example may be where the injury is exceptionally severe, or the circumstances have led to increased pain and suffering.
Can Bott and Co Still Help Me?
Simply put, yes, Bott and Co can still act on your behalf when claiming compensation for these types of injuries.
If affected by any of the above, claimants are forced to either make a claim themselves, or via what is known as the Official Injury Claim (OIC) portal.
If you don’t want to go it alone, Bott and Co have integrated the OIC portal into our system and we can therefore continue to act on your behalf if you would like us to.
We fully appreciate that the new Government tariffs provide for low awards and the introduction of this new scheme was something that we campaigned heavily against.
Unfortunately, the tariffs for whiplash injuries are now fixed within the law and there is no scope to recover more than these fixed tariff amounts.
All Bott and Co clients will be made aware of the compensation they will receive both before and after our success fee is deducted and we remain focussed on getting claimants the best possible award for their injuries that is feasibly possible.
Why Should You Contact Us Today?
Speak to our award winning legal team now by calling 01625 415 850 or request a call back.