Whiplash injuries are a common result of road traffic accidents and can cause significant pain and discomfort. If you’ve been involved in a car accident that wasn’t your fault, you may be entitled to whiplash compensation.
However, recent changes in UK law have reshaped how compensation is awarded and the process for making a claim. The introduction of the whiplash tariff system has set fixed compensation amounts, making payouts more predictable but also more limited.
If you’ve suffered whiplash, understanding how the whiplash tariff works is key to knowing how much you can claim and what the claims process involves. In this guide, we’ll explain what the whiplash tariff is, how it affects compensation, and how to make a whiplash claim under the updated system.
What is the whiplash tariff?
The whiplash tariff is a system of fixed compensation amounts awarded to individuals who suffer whiplash injuries in road traffic accidents.
It was introduced to standardise payouts and make the claims process more predictable, while reducing fraudulent claims and stabilising car insurance premiums.
The whiplash tariff was established under the Civil Liability Act 2018 and applies to all road traffic accidents in England and Wales that occurred on or after 31st May 2021.
How much compensation can you receive for whiplash?
The compensation you can be awarded for a whiplash injury depends on its severity and is measured by its duration. The whiplash tariff sets out the following whiplash payout amounts:
| Duration of whiplash | Lower tariff amount (without psychologicalinjuries) | Higher tariff amount (with psychologicalinjuries) |
| Less than 3 months | £240 | £260 |
| 3 to 6 months | £495 | £520 |
| 6 to 9 months | £840 | £895 |
| 9 to 12 months | £1,320 | £1,390 |
| 12 to 15 months | £2,040 | £2,125 |
| 15 to 18 months | £3,005 | £3,100 |
| 18 to 24 months | £4,215 | £4,345 |
In most cases, you’ll be awarded up to the lower tariff amount for a whiplash injury. For instance, if your injury lasts seven months, you’re most likely to receive up to £840. However, in cases where you can show you’ve suffered psychological harm alongside your physical injury, you may be awarded up to the higher tariff amount.
An additional 20% on top of the whiplash tariff amount may also be claimed in “exceptional circumstances”, where the injury is particularly severe or the circumstances of the accident have led to increased pain and suffering.
What changed under the whiplash reforms?
Before 31st May 2021, claimants could seek personal injury compensation for whiplash injuries without fixed limits, with legal costs usually covered as part of the compensation.
However, the whiplash reforms introduced several key changes, including:
- Fixed compensation amounts – The whiplash tariff now sets standard payout amounts based on the duration of the injury.
- Legal fee restrictions – Claimants cannot recover legal fees for whiplash claims under £5,000, making it harder to cover solicitor costs.
- Introducing the Official Injury Claim (OIC) portal – A new online system where claimants can report and manage their own claims without needing a solicitor.
These whiplash changes were designed to simplify the claims process and reduce fraudulent or exaggerated claims.
How do you make a whiplash claim under the new system?
If you suffer a whiplash injury, you can make a claim using the Official Injury Claim (OIC) portal. Here’s a step-by-step overview of the process:
- Step 1: Submit your claim: Register on the OIC portal and provide details of your accident.
- Step 2: Obtain medical evidence: A medical report from an independent specialist is required to support your claim.
- Step 3: Wait for the insurer’s response: The at-fault driver’s insurer will assess your claim and either accept or dispute liability.
- Step 4: Receive your settlement: If liability is accepted, you’ll receive compensation based on the whiplash tariff.
- Step 5: Dispute resolution: If liability is denied or you disagree with the offered amount, you may need to negotiate with the insurer or escalate your claim to court.
Can you challenge the whiplash tariff amount?
While the whiplash tariff sets fixed whiplash compensation payouts, some cases may qualify for higher payouts. A court may increase your compensation in the following situations:
- Exceptional circumstances: If your injury has had a particularly severe impact on your life, a judge may grant an uplift of up to 20%.
- Additional injuries: If you’ve suffered other injuries alongside whiplash, your total compensation may be higher.
- Disputed liability: If the insurer denies responsibility or offers an unfairly low payout, legal proceedings may result in a different compensation amount.
What if your whiplash injury is worth more than £5,000?
If your injury is assessed to be worth more than £5,000, your whiplash compensation claim will fall outside the whiplash tariff system. This means:
- You may be able to claim for additional damages beyond the fixed tariff amounts.
- You can seek legal representation, and in some cases, recover your solicitor fees as part of your compensation.
- The claim process may involve more negotiation with the defendant’s insurer or court proceedings.
For high-value claims, consulting a personal injury solicitor can help ensure you receive the full compensation you deserve. If you’re unsure how much your claim could be worth, try our compensation calculator for an estimate.
What does the whiplash tariff mean for you?
The whiplash tariff system has made the compensation process more structured but also limits how much you can claim for whiplash injuries. Here’s what you need to know:
- Fixed compensation amounts – If your claim is worth less than £5,000, the payout is based on a set tariff depending on the duration of your injury.
- Self-managed claims – Low-value claims must be handled through the Official Injury Claim portal, without legal fees being recoverable.
- Exceptions may apply – In certain cases, higher compensation may be awarded, such as when additional injuries are involved or when a judge grants an uplift for exceptional circumstances.
If you’ve suffered a whiplash injury and are unsure about your next steps, we can help. Get in touch with us for a free consultation, and we’ll guide you through the process, helping you secure the compensation you deserve. Call us on 0333 400 4445 or fill in a contact form and we’ll get back to you right away.