Whiplash claim reforms: A new era or a pain in the neck?

WHIPLASH claim reforms were introduced within the Civil Liability Act 2018 and as of 31 May 2021 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 what is known as the Official Claims Portal Guidance.  

Lauren Martin, from local law firm Thatcher + Hallam, explains what has changed. “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. This provided support and a voice to the Claimant, where otherwise they might be at a disadvantage dealing with the Defendant Insurer direct. 

“The whiplash claim reforms have changed this. 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 £5,000 and if past and future financial losses are likely to be below £10,000.  

“In these instances, Claimants are required to follow the guidance of the Official Injury Claims portal. 

“There are some exceptions to this, as follows:  

• A road traffic accident where the injury sustained is likely to be worth more than £5000 or there is no whiplash injury (e.g. broken bones / head or brain injuries, etc.). 

• Where children have been involved in a road traffic accident, 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 in the Civil Liability Act 2018.” 

Lauren added, “Some legal firms will continue to offer assistance to those who have been involved in vehicle versus vehicle accidents resulting in a whiplash injury, including Thatcher + Hallam. We provide a free legal advice surgery and assessment of claims for anyone who may be unsure where they stand following a whiplash injury. For further information visit th-law.co.uk or call 01761 414646 and one of the team will be happy to discuss the matter with you.”