In 2021, the whiplash reforms arrived with big promises. A few years on, we can now write about the reality: what changed, who’s affected by the changes (and who isn’t), and when it still pays to ask a personal injury solicitor to handle an injury claim for you.
The short version
Since 31 May 2021, most minor road-traffic injury claims brought by car occupants start in the Official Injury Claim (OIC) service. The injury element of the claim (pain, suffering and loss of amenity) is treated as a small claim up to £5,000, with typical whiplash injuries: neck/back/shoulder soft-tissue injuries valued by reference to a fixed whiplash tariff. You can’t settle an injury claim without medical evidence. In reality, it was the Insurance Industry that promoted the idea of making offers to settle claims without first obtaining a medical report.
Two injury compensation limits are important in OIC claims:
- Up to £5,000 for the injury itself, and,
- If injury damages plus other protocol damages exceed £10,000, the claim can’t remain in the OIC. Non-protocol vehicle costs like credit hire and repairs don’t count towards this £10,000 limit.”
Who the reforms do not apply to
Plenty of road users sit outside the OIC. Vulnerable road users, including cyclists, motorcyclists (and pillion passengers), pedestrians, horse riders, and mobility scooter users, are not affected by the changes to whiplash laws.
Children and protected parties are not subject to the £5,000 RTA small-claims limit or the OIC process, but the whiplash tariff still applies to their injuries.
All of these categories of road users will be able to claim and use a solicitor to do so.
Mixed injuries (whiplash + something else)
If you’ve got a whiplash-type injury and another injury (say a non-tariff shoulder or knee injury), the non-whiplash part is valued in the usual way, and the tariff is added for the whiplash.
The court can then make a fair adjustment to avoid paying twice for the same symptoms, but both parts still count.
In rare and genuinely exceptional cases, the tariff can be uplifted a little.
The latest law on the amount of compensation to be awarded in mixed injury cases can be found by reading the judgment of the Supreme Court in the case of Hassam v Rabot & Anor (2024) UKSC 11
Do you need a solicitor for a claim put through the OIC?
The answer is ‘yes’ in most cases.
- If you’re a cyclist/pedestrian/motorcyclist, or the claim involves a child, you’re usually outside the reforms – so talk to us about how we can help you.
- If you’re a car passenger/driver with a whiplash injury, although the OIC was designed with the aim that the public could do their own claims, the reality can be different – so, talk to us first.
- If liability is disputed, symptoms are lasting, you’ve got mixed injuries, or there are earnings/rehabilitation issues, get help from us at an early stage.
Mooneerams will not turn away anyone who approaches them about pursuing a whiplash claim through the OIC. Call Mooneerams on 029 2199 1927.
As has always been the case, evidence is still crucial
If you intend to do a claim through the OIC yourself, you need to gather your evidence, so we suggest the following might help:
- See a medical professional and follow the advice (you can’t settle a whiplash injury claim without medical evidence).
- Keep a diary of symptoms and make notes about how the injuries affect your sleep, work, sport, and childcare.
- Photos always help, whether it’s to show damage to you or your vehicle or road layouts. Dashcam stills can be helpful too.
- Keep receipts (travel, meds, physio, replacement kit).
- If rehab’s needed, ask about early treatment or even interim payments.
Legal Costs since October 2023 (this is important)
From 1 October 2023, the Fixed Recoverable Costs regime was expanded to cover most personal injury cases valued at up to £100,000 in damages.
This change doesn’t stop you from bringing a personal injury claim in cases where you are likely to recover less than £100,000 in damages.
For personal injury solicitors, it involves procedural changes and ensuring the claim is placed in the right ‘track’ at an early stage to avoid headaches later.
However, under the new extended fixed fee rules, personal injury solicitors who win a claim for their client now receive less in legal costs from the Defendants’ insurance companies than they did before.
So many personal injury solicitors who previously handled injury cases, regardless of the value of the claim, will now only take on claims worth £100,000 or more.
Can Mooneerams help?
Yes, it’s business as usual at Mooneerams. We are a niche, compact firm of personal injury solicitors. We’ve been in business for over 23 years, and some of our solicitors have been qualified for even longer. We are experts in our chosen niche of personal injury law. You will be in good hands.
Mooneerams Solicitors are still taking on personal injury claims worth under £100,000 on a No Win No Fee basis, and will continue to do so in the future!
As long as your claim has reasonable prospects of success, we will still handle your claim, regardless of its likely value.
If you need help with a personal injury claim, please call Mooneerams on 029 2199 1927.
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