What are the whiplash claim reforms?

Whiplash claim reforms were introduced within the Civil Liability Act 2018 as of 31 May 2021 and seek to limit lawyer involvement and Claimant damages – leaving many Claimants who have been wrongfully injured in a car accident at the mercy of insurers and Official Claims Portal Guidance.

I had a road traffic accident after 31 May 2021 and suffered a whiplash injury. What should I do?

Prior to the reforms, personal injury legal representatives could represent Claimants who suffered whiplash injuries, with the likelihood that they would be able to recover adequate costs to cover the cost of running the claim.

There was great benefit to this as it provided support and a voice to the Claimant, where otherwise they might be at a disadvantage dealing with the Defendant Insurer direct.

Unfortunately, the reforms do not allow for the recovery of costs by personal injury legal representatives if the injuries involve minor whiplash injury to the neck, shoulder and/or back that is likely to resolve within 24 months, if the costs are likely to be of a value less than £5000.00 and if past and future financial losses are likely to be below £10,000.00.

If the above is applicable then Claimants are required to follow the guidance of the Official Injury Claims portal.

But there are exceptions…

There are some firms who will continue to offer assistance to those who have been involved in vehicle versus vehicle accidents for which the Official Claims Injury Portal applies.

Thatcher + Hallam continue to run a free legal advice surgery and assessment of claims for anyone who may be unsure where they stand following a whiplash injury.

Examples of some exemptions to the Whiplash Injury Reforms system are as follows:

• A road traffic accident where the injury sustained is likely to be worth more than £5000.00 or there is no whiplash injury (e.g. broken bones / head or brain injuries, etc).
• Where children who have been involved in a RTA, either as a passenger in the Defendant vehicle or the Claimant Driver vehicle.
• Where an incident involves pedestrians, cyclists or motorcyclists.
• Where an accident involves those without mental capacity to act on their own behalf.
• Where the Defendant Driver cannot be identified or traced.

More information on exemptions can be found at Section 3 of the Civil Liability Act 2018.

Conclusion

It is a time of great change within the whiplash Road Traffic Accident claim sector and Thatcher + Hallam continue to support the local community and beyond with access to justice and free general legal advice.

If you are looking to start a whiplash injury claim after an accident that occurred on or after 31 May 2021, and you are not sure whether you may be exempt from the Official Injury Claim process, contact our friendly Personal Injury team today for a free no-obligation general assessment. You can use our free legal surgery online form or call us on 01761 414646.