Personal Injury Reforms to Road Traffic Accidents (effective from 31 May 2021)
Monday, 19 July 2021
Road Traffic Accident Solicitors
Contact our road traffic accident teamOn 31 May 2021 the ‘Whiplash Reforms’ were implemented with the Civil Liability Act 2018. Under the reforms significant changes have been put into effect as a result of which the insurer of the fault driver may not be required to pay your legal fees and the compensation amount you receive has been reduced. If you are involved in a Road Traffic Accident on or after 31 May 2021 your compensation claim will be subject to the new rules.
Legal Fees
Prior to these reforms being implemented if your compensation claim was worth over £1,000 then the insurer of the fault driver will pay your legal fees. The minimum claim limit has now been increased from £1,000 to £5,000 therefore it is likely you will need to pay for your own legal fees in full. You have the option of pursuing the claim yourself however you may be required to obtain your own medical report, deal with any liability issues raised by the insurer or even attend a Court hearing.
Avisons Solicitors want to ensure you have legal representation as we understand how stressful and difficult the claims process can be. We have in place a fee agreement which will allow you to claim the compensation you deserve without worrying about the costs involved or the fact that the insurer will have their legal teams acting for them to defend your claim.
Compensation Amounts
Prior to the reforms being implemented your compensation amount would be based on the severity, duration and impact of the injuries you suffered.
As a part of the reforms to whiplash injuries a new tariff system has now been implemented which calculates the compensation award for injuries suffered. The new tariff looks at the duration of your injuries based on which your compensation entitlement will be capped to the amounts shown below:
| Duration of Injury | Amount (for Whiplash Alone) | Amount (for Whiplash and Minor Psychological Injury) | Average compensation (prior to the 31 May 2021 reforms) |
|---|---|---|---|
| Not more than 3 months | £240 | £260 | £1,000 to £1,500 |
| More than 3 months, but not more than 6 months | £495 | £520 | £1,500 to £2,000 |
| More than 6 months, but not more than 9 months | £840 | £895 | £2,000 to £2,500 |
| More than 9 months, but not more than 12 months | £1,320 | £1,390 | £2,500 to £3,000 |
| More than 12 months, but not more than 15 months | £2,040 | £2,125 | £3,000 to £3,500 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 | £3,500 to £4,000 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345 | £4,000 + |
The tariff amounts have significantly reduced the value of compensation claims however the tariff applies only to whiplash injures to the neck, shoulder and back in addition to minor psychological injuries.
If however you suffered any psychological or physical injuries (such as foot, ankle, knee, leg, hand or arm pain) then these injuries will not be subject to the tariff amounts.
By way of example:
- If you suffered a 7 month neck injury then this would be worth £840 based on the new tariff. If however you suffered a 7 month foot injury then this injury could be worth between £2,000 to £2,500 or higher.
It is therefore important you advise of all the injuries you suffered as a result of the accident as your compensation amount could significantly increase if the injuries caused are beyond those listed within the new tariff.
Exceptions
The new reforms will impact the majority of people involved in Road Traffic Accidents however there are a number of exceptions as a result of which the new rules would not apply to you.
The new rules will not apply to your compensation claim if at the time of accident:
- You were using a motor cycle;
- You were a pillion passenger on, or a passenger in sidecar attached to, a motor cycle;
- You were using a wheel chair, a powered wheelchair or a mobility scooter;
- You were using a bicycle or other pedal cycle;
- You were a pedestrian;
- You were involved in a ‘hit and run’ and the fault driver has not been identified;
- You were involved in road traffic accident with a foreign registered vehicle;
- The injured party is under the age of 18 when the claim is started; or
- Your injuries are valued at above £5,000.
This not an exhaustive list however if any of the exceptions to the new rules are applicable to you then not only will the fault insurer be required to pay your legal fees but you will also receive a significantly higher compensation settlement.
If you have been involved in a Road Traffic Accident on or after 31 May 2021 and have suffered injury then please contact us for a free consultation to discuss your claim