Longridge: 01772 783314 | Garstang: 01995 602129 | Lancaster: 01524 581306 
 
Longridge: 01772 783 314 
Garstang: 01995 602 129 
Lancaster: 01524 581 306 

What are the whiplash reforms? 

As of 31 May 2021, the personal injury claims process has changed for people who suffer from low-value injuries in road traffic accidents. 
 
Our personal injury solicitors can confirm that the reforms are partly the result of the Civil Liability Act 2018. The regulations underpinning these reforms include the Whiplash Injury Regulations 2021, the Civil Procedure (Amendment No. 2) Rules 2021. 
 
So, if you are in a road traffic accident, after 31 May 2021, and suffer a minor injury, such as whiplash, then how will you be affected? Any local personal injury solicitor will tell you that the changes are neither claimant, or personal injury solicitor friendly. The changes will affect the amount of compensation claimants injured in road traffic accidents receive and, include: 
 
tariffs for whiplash injuries that last up to two years from Road Traffic Accidents; 
 
the small claims limit increasing from £1,000 to £5,000 for Road Traffic Accidents, not involving vulnerable road-users such as pedestrians, cyclists, motorcyclists and horse riders 
 
Our personal injury solicitors are pleased to advise that the changes do not apply to claims involving children, or pedestrians, cyclists, motorcyclists (and their pillion passengers), or those on horse. 
 
Following the introduction of the Civil Liability Act 2018, personal injury claims will be handled by the small claims court, unless: 
 
General damages estimate exceeds £5,000 for road accidents or 
The total value of the claim (general damages plus special damages) exceed £10,000 
 
 

Why choose MG Legal? 

MG Legal’s expert team of personal injury solicitors have a success rate in excess of 99% and settle many thousands of personal injury claims, on a yearly basis. Our success rate speaks for itself, and our many happy clients are only too happy to recommend our services. Call your nearest office now, or email us at injury@mglegal.co.uk, and one of our personal injury specialist will make contact with you today. 

What this means if you have been injured in a road traffic accident 

The small claims limit increase, along with new tariffs, will lead to more cases being processed as small claims. This means that under the reforms, if you have been injured in an Road Traffic Accident,, your injuries must be valued in excess of £5,000, or the The total value of the claim (general damages plus special damages) exceed £10,000 in order to pursue a claim with the assistance of a specialist personal injury solicitor at MG Legal. 
 
Other than the exceptions stated above, cyclists, motorcyclists, pedestrians and horse riders, the other category of injured claimants that fall outside the scope of the new ‘RTA reforms’ are injured claimants that happen to be an undischarged bankrupt at the time of the road traffic accident, or where the Claimant or Defendant acts as a personal representative of a deceased person. 

Have you been injured in the last three years? 

 
 
Get in touch today to start your claim for personal injury compensation 
MG Legal accept all Personal Injury Compensation claims on a "No Win, No Fee" basis and have a success rate of over 99% 
 
 

What is classed as a whiplash injury? 

Often much maligned by the press, the infamous whiplash injury has never, really, been taken as seriously as it should have been. When the word whiplash is used, those who have never been in a road traffic accident are often quick to mock- they are however, often, completely unaware of how whiplash can prevent finding that comfortable sleeping position, can make working on a PC very hard indeed, going to the gym, impossible, or looking right and left at junctions, when driving, a painful and lifechanging experience. 
 
The Civil Liability Act informs us that a whiplash injury is as follows: 
“Whiplash injury” etc 
(1)In this Part “whiplash injury” means an injury of soft tissue in the neck, back or shoulder that is of a description falling within subsection (2), but not including an injury excepted by subsection (3). 
(2)An injury falls within this subsection if it is— 
(a)a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or 
(b)an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder. 
(3)An injury is excepted by this subsection if— 
(a)it is an injury of soft tissue which is a part of or connected to another injury, and 
(b)the other injury is not an injury of soft tissue in the neck, back or shoulder of a description falling within subsection (2). 

How are whiplash injuries valued? 

Damages for whiplash injuries sustained in road traffic accidents are now clearly defined. Whereas prior to 31 May 2021, solicitors handling RTA Claims involving whiplash injures were able to negotiate settlement on the best possible terms for their injured client, if the injury you have sustained in a road traffic accident is valued at less than £5,000, or your total claim, including special damages, is less than £10,000, then you are at liberty to pursue the claim, as a layperson, as the Civil Liabilities Act is designed such that your local personal injury solicitor will not be paid costs, if you injury claim is of a low value. 
 
Compensation for whiplash injuries sustained in a road traffic accident, will, if your accident happened after May 31st 2021, be valued as follows: 
Damages for whiplash injuries 
• 2.—(1) Subject to regulation 3— 
• (a)the total amount of damages for pain, suffering and loss of amenity payable in relation to one or more whiplash injuries, taken together (“the tariff amount” for the purposes of section 5(7)(a) of the Act), is the figure specified in the second column of the following table; and 
• (b)the total amount of damages for pain, suffering and loss of amenity payable in relation to both one or more whiplash injuries and one or more minor psychological injuries suffered on the same occasion as the whiplash injury or injuries, taken together (“the tariff amount” for the purposes of section 5(7)(b) of the Act), is the figure specified in the third column of the following table— 
Duration of injury 
Amount – 
Regulation 2(1)(a) 
Amount – 
Regulation 2(1)(b) 
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 

Is this an end to whiplash injury claims, suffered in road traffic accidents? 

No. Not at all. Our personal injury solicitors cannot speak for all other local solicitors that handle RTA claims, but what we can say is that the personal injury solicitors at MG Legal specialise in high value road traffic accident claims, and settle claims for those who have suffered anything from broken bones, including wrists, arms, legs, in road traffic accidents, to those who have suffered catastrophic life changing injuries to the spine, eyes, or brain. 
 
The changes are designed to cut the costs for insurance companies, and will see many solicitors that handle whiplash injury claims, go under, and disappear from the personal injury market. At MG Legal, our personal injury solicitors are a small, dedicated, specialist team of qualified professionals, that settle No Win No Fee injury claims for claimants who have suffered injuries with a value outside of the new proposals, having recently settled a personal injury claim in the sum of almost £400,000 for a client who had sustained multiple injuries including, injury to the head and face requiring significant reconstructive surgery, mild brain damage, injury to the back, a broken leg, and psychological injuries including PTSD. 
Our site uses cookies. For more information, see our cookie policy. Accept cookies and close
Reject cookies Manage settings