The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) introduced fixed tariffs of damages for whiplash injuries that last up to 2 years.
Before their introduction, all claims for personal injuries were valued by reference to the relevant bracket within the Judicial College Guidelines. However, the Whiplash Regulations imposed a standardised set of tariff amounts of damages for pain, suffering and loss of amenity, based primarily on the ‘duration’ of the injury and the corresponding amount someone can recover as a result.
The Whiplash Injury (Amendment) Regulations 2025 (“the 2025 Whiplash Regulations ”) have introduced a 15% uplift to account for inflation since 2021. Initially, there was some confusion if these amendments would be applied retrospectively, however the position has been clarified now with the publication of the Regulations.
Importantly, these do not have retrospective application and therefore only apply to claims where the cause of action accrues on or after 31 May 2025.
The Tariffs amounts are set out below:
Table 1 – Where the cause of action accrues on or after 31 May 2021 and before 31 May 2025
|
Duration of injury |
Physical injuries only [Regulation 2(1)(a)] |
Physical and minor psychological injuries [Regulation 2(1)(b)] |
|
Not more than 3 months |
£240.00 |
£260.00 |
|
More than 3 months, up to 6 months |
£495.00 |
£520.00 |
|
More than 6 months, up to 9 months |
£840.00 |
£895.00 |
|
More than 9 months, up to 12 months |
£1,320.00 |
£1,390.00 |
|
More than 12 months, up to 15 months |
£2,040.00 |
£2,125.00 |
|
More than 15 months, up to 18 months |
£3,005.00 |
£3,100.00 |
|
More than 18 months, up to 24 months |
£4,215.00 |
£4,345.00 |
Table 2 – Where cause of action accrues on or after 31 May 2025
|
Duration of injury |
Physical injuries only [Regulation 2(1)(a)] |
Physical and minor psychological injuries [Regulation 2(1)(b)] |
|
Not more than 3 months |
£275.00 |
£300.00 |
|
More than 3 months, up to 6 months |
£565.00 |
£595.00 |
|
More than 6 months, up to 9 months |
£965.00 |
£1,025.00 |
|
More than 9 months, up to 12 months |
£1,510.00 |
£1,595.00 |
|
More than 12 months, up to 15 months |
£2,335.00 |
£2,435.00 |
|
More than 15 months, up to 18 months |
£3,445.00 |
£3,550.00 |
|
More than 18 months, up to 24 months |
£4,830.00 |
£4,975.00 |
These changes will be implemented within the OIC portal (Official Injury Claim Portal) with no downtime of the service for professional users.
These changes will see the awards for any injuries lasting between 18-24 months now be valued at the top end of the £5000 Small Claims Track limit for personal injury claims. Together with any ‘non-tariff’ injuries that are not attributable to whiplash type injury (i.e. a ‘mixed use’ case), it seems we shall start seeing more claims go on to a costs recoverable track.
The Government Statutory Review of the Whiplash Regulations contained in the Lord Chancellors Report and Recommendations anticipated that less than 5% of claims using the OIC would be valued above the small claims limit. This did not elaborate whether it only looked at data for tariff only claims or if it included all claims including mixed-use ones.