May 2021 Change for Whiplash Claims

The Civil Liability Act 2018 comes into the force on 31^st May 2021.

All claims for whiplash lasting up to 2 years will now progress under a new whiplash claims portal known as the Official Injury Claim Service.  Legal costs will not be recoverable and it has been designed for people to deal with the claim themselves without instructing a solicitor.

Whiplash has been given a very wide definition;

“an injury of soft tissue in the neck, back or shoulder that is… a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.”

The new tariff for payment of damages for whiplash will be as below;

As well as the above The Civil Procedure (Amendment No. 2) Rules 2021 enter into force on 31st May 2021.

Rule 26.6 is amended to increase the small claims track limit to £5000 for road traffic accidents, which occur on or after 31 May 2021.  This is for the value of the injury alone.  The current limit is £1000.00.  If a claim falls within the small claims track legal costs are generally not recoverable.

Exceptions are;

• Accidents pre-dating 31/05/21
• Where the Claimant is a child or protected party
• Where the Claimant is a vulnerable road user such as motor cyclist, pillion/sidecar passenger, cyclist, pedestrian, horse rider or mobility scooter user
• Where the claimant is an undischarged bankrupt or the defendant acts as a personal representatives of a deceased person
• The defendant’s vehicle was registered outside the UK on the date of the accident.

A significant number of road traffic accident cases from 31 May 2021 will now proceed under the small claims track without legal representation.

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