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Were you a driver or passenger of a car that was involved in an accident after 30 May 2021 and you suffered a whiplash injury?

If you were your claim may be subject to the whiplash reforms which came into force on 31 May 2021 if:
  • You are over 18.
  • You were injured in a road traffic accident.
  • The accident occurred on or after 31st May 2021.
  • You suffered whiplash injuries which are defined as a soft-tissue injury to the neck, back or shoulder, and includes damage to muscles, tendons, or ligaments (i.e. sprains, strains, tears, ruptures, or lesser damage); and damage to soft-tissues associated with muscles, tendons, or ligaments. However, if your main injury is a broken arm/leg, etc or you suffer a non-whiplash injury, then it would not count as a whiplash injury even if you did suffer pain in your neck, back or shoulder.
  • You were a driver or passenger of a motor vehicle.
  • Your injuries are worth less than £5,000 and the total value of your claim is less than £10,000.

 

These reforms will not impact vulnerable road users such as:

  • A pedestrian (including if you were in a wheelchair or on a mobility scooter)
  • A cyclist
  • A motorcyclist (including if you were a passenger on a motorbike)
  • The rider of a scooter (as a driver or passenger)

The reforms are intended to reduce the number of whiplash claims and the costs incurred by the insurance industry. They reduce compensation awards significantly from those that remain unaffected by the reforms (pedestrians, cyclists, etc) and they will, in most cases, mean you cannot instruct solicitors to help you bring your claim because you cannot include a claim for any legal fees or costs.

If you are unlucky enough to be involved in an accident while you were driving or a passenger in a car on or after 31 May 2021 you are required to make your claim through a new Official Injury Claim Online Portal. The Portal in an online service which, once you are registered, allows you to submit details of your claim, arrange medical evidence and communicate with the third party insurance company. Your claim may leave this Portal if liability is denied or there is evidence that your injuries are more severe than first thought.

 

It also means your whiplash injuries will be awarded according to a fixed tariff, unless a Court deems there to be “exceptional circumstances” as follows.

Duration of Injury
Amount (for Whiplash Alone)
Amount (for Whiplash and Minor Psychological Injury)
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

 

 

Since it is no longer possible to recover legal costs in whiplash claims, it is no longer financially viable for Waring & Co Solicitors to help under the terms of a ‘No Win No Fee’ arrangement or for us to ask you, as the innocent motorist, to fund the costs we would incur. However, if you have suffered non-whiplash injuries or you’re a vulnerable road user (pedestrian, cyclist, motorcyclist, etc) then Waring & Co. Solicitors will remain happy to assist you.

 

Useful links:

Official Injury Claim Portal

The Whiplash Injury Regulations 2021 (legislation.gov.uk)

 

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    Our Polish speaking team specialise exclusively in personal injury claims and accidents at work for the Polish speaking community, not just locally but across England and Wales.