Over the last few years, changes in government ruling have led to reform in personal injury claims. Understanding the new rules, especially around whiplash injuries, is important if you’re pursuing a claim, as these changes could greatly affect the outcome of your case.
How the reform could affect personal injury claims
The new reforms, that were introduced in the Civil Liability Act 2018, change a handful of personal injury claim laws — especially when it comes to road traffic accidents. One of the biggest changes revolves around how compensation is calculated for low-value claims — particularly whiplash injuries. These claims now work off a tariff system — capping the amount of compensation you could receive based on the duration of your injury.
These reforms aim to make the claims process more streamlined for the initiated but also more challenging if you aren’t familiar with the law — in a bid to reduce the number of fraudulent claims. Overall, while the reforms aim to reduce the cost of whiplash claims and deter frauds, they also place more responsibility on you to navigate the claims process yourself.
The Civil Liability Act 2018
Introduced in 2018, this act was established to reduce the rising costs of personal injury claims, especially whiplash related cases. These are the key takeaways from the reform:
- It introduced a fixed tariff system for whiplash injuries lasting up to two years, which is lower than what claimants might have previously received through traditional methods of assessment.
- It introduced a ban on pre-medical offers, stopping insurers from making offers to settle whiplash claims without medical evidence — aiming to reduce the number of fraudulent or exaggerated claims.
- It raised the small claims limit for road traffic accident claims from £1,000 to £5,000. This means that certain personal injury claims that used to be eligible for legal representation may now fall under the small claims process — where legal fees are often not recoverable.
What is a whiplash injury?
Whiplash is a common injury that occurs when a sudden collision forces your head to snap backward and then forward, putting a heavy strain on the neck. The abrupt motion can damage the tendons and muscles in the neck. Even low-speed impacts can lead to whiplash, as the neck muscles instinctively tense up in response to protect the body from injury. Symptoms can include:
- Neck pain and stiffness
- Headaches
- Shoulder and arm pain
- Dizziness
- Fatigue
While many people recover from whiplash within a few weeks, you might experience chronic pain and complications for a while afterwards. Given the variability of recovery times, whiplash injuries have historically been a significant source of personal injury claims — hence the new reforms.
What are the whiplash reforms
As stated, the reform to whiplash claims has been put in place in the Civil Liability Act 2018 to reduce the level of cases and money spent on them. They include a ban on pre-medical offers, a raised small claims limit, the creation of an online portal for claimants and a tariff system for cases.
An example of the value of damages awarded under this tariff is as follows:
| Injured for | Payout |
| No more than 3 months | £240 |
| More than 3 months, but not more than 6 months | £495 |
| More than 6 months, but not more than 9 months | £840 |
| More than 9 months, but not more than 12 months | £1,320 |
| More than 12 months, but not more than 15 months | £2,040 |
| More than 15 months, but not more than 18 months | £3,005 |
| More than 18 months, but not more than 24 months | £4,215 |
If you also suffered psychological injury, this would increase the award slightly.
Why are the Civil Liability Act and the whiplash reforms being implemented?
The Civil Liability Act 2018 and the associated whiplash reforms were implemented in response to concerns over the rising cost of personal injury claims — especially whiplash cases. Over the years, whiplash claims have become a significant financial burden on the insurance industry, contributing to higher premiums for drivers. This led to government intervention and a change in the law.
The government’s objective with these reforms was to reduce fraudulent or exaggerated claims, streamline the claims process, and lower the cost of car insurance for the public.
Recommendations for individuals filing personal injury claims
Trying to get your head around the new rules and regulations under the Civil Liability Act? Here are some helpful tips:
- Understand the tariff system
Get to know the compensation tariffs for whiplash injuries to set realistic expectations about the potential outcome of your claim.
- Gather medical evidence
Make sure that you have medical documentation to support your claim. The reforms have made medical evidence a requirement before a claim can be settled — so it’s essential to seek medical attention as soon as you can after an injury.
- Use the online claims portal
If your claim falls within the small claims limit, take advantage of the online portal designed to streamline the process. However, consider getting in touch with legal professionals if you’re unsure about how to proceed.
- Keep detailed records
Maintain records of all communications, medical reports, and expenses related to your injury. This documentation will be necessary in supporting your claim.
Time to start a claim?
The government reforms to personal injury claims represent a significant shift in how whiplash and other low-value claims are handled. While these changes might aim to reduce fraudulent claims and lower insurance premiums, they can also present new challenges for you. By staying informed and understanding the new rules, you can better navigate the claims process and protect your rights if you need to make a claim.
To discuss a whiplash or road accident injury claim in complete confidence, contact Injury Lawyers 4U on 0333 400 4445, or fill in our contact form and we’ll give you a call back.
Frequently asked questions
Do I need a lawyer to file a personal injury claim after the reforms?
You can still seek legal representation, but many lower-value claims are now handled through an online portal, and legal costs may not be recoverable in small claims court.
How do these changes impact car insurance premiums?
The government believes that reducing the number of fraudulent and exaggerated claims will lower the cost of car insurance premiums.
What is the purpose of the online claims portal?
The online claims portal was introduced to simplify the process of claiming, allowing you to file and manage personal injury claims, particularly whiplash claims, without needing legal representation.
