Whiplash Claims After a Road Traffic Accident

Whiplash is the most common injury in road traffic accidents in the UK. A sudden jolt to the neck — typically in a rear-end collision — causes strain to the muscles and ligaments, resulting in pain, stiffness, and headaches that can last from days to several months.

What changed under the 2021 whiplash reforms?

In May 2021, the government introduced significant changes. Claims involving whiplash injuries worth £5,000 or less must now be made through the Official Injury Claim (OIC) portal — an online self-service system — rather than through a solicitor directly. Fixed tariff amounts now apply based on how long symptoms last, replacing the previous case-by-case assessment.

OIC portal tariff amounts

Compensation under the tariff is fixed: up to 3 months of symptoms attracts £240; 3–6 months £495; 6–9 months £840; 9–12 months £1,320; 12–15 months £2,040; 15–18 months £3,005; 18–24 months £4,215. Psychological injuries and other non-whiplash injuries in the same accident can still be valued separately and fall outside the tariff.

What if my claim is worth more than £5,000?

If your whiplash injury is serious, if you have significant non-whiplash injuries, or if your financial losses — lost earnings, care costs, vehicle repair — push the total above £5,000, your claim falls outside the portal and is handled in the traditional way. A solicitor will manage it and negotiate directly with the insurer.

What evidence do you need?

You will need the other driver’s details and insurance information, a police reference number if reported, medical evidence of your injury — a GP or A&E record — and documentation of any financial losses. The insurer must admit or deny liability within 30 business days of your portal claim being submitted.

Can you claim if the accident was partly your fault?

Yes. If you were partly responsible — for example you were not wearing a seatbelt — your compensation may be reduced proportionally under contributory negligence rules, but you can still claim. A solicitor can advise on how fault is likely to be apportioned in your specific circumstances.