The main difference is the claim value at which you can expect legal costs to be covered by the liable party. Previously, if you were involved in a road traffic accident and suffered a whiplash injury worth over £1,000, the insurers of the vehicle at fault would pay your appropriate legal costs so you could be represented by a legal expert who would seek compensation on your behalf.
Now, under the Civil Liability Act and the whiplash reforms, that limit has been increased to £5,000. As most claims for whiplash are valued at under £5,000, most whiplash claimants no longer have their legal representation paid for by the other side’s insurers.
Additional difference is the amount of compensation you’ll receive for a whiplash injury. This has been reduced, and new tariffs have been set.
The whiplash reforms offer fixed amounts of compensation for those who’ve suffered whiplash because of a road traffic accident where someone else was at fault.
The amount of compensation for your pain and suffering will depend upon the length of time your symptoms lasted. Therefore, the new tariffs of compensation you can receive for whiplash injuries following 31 May 2021 are:
| 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 |
If your symptoms last longer than 24 months, your claim would be valued at over £5,000. This means that the claim would then be processed under the normal rules; that is, the reforms will not impact your claim, and you can pursue action through a legal representative. of. Course a fee agreement will need to be entered in with your appointed legal representatives. At A&H Law Solicitors, most of whiplash injury cases are funded under the cases operate on a ‘no win no fee basis’, under the Conditional fee Agreement (CFA) that means you only pay if your claim is successful. Please see above.
