Whiplash Reforms

How The Whiplash Reforms Affect Compensation for Personal Injury Claims 

You may have heard that the government made changes to the claims process for low-value road traffic accident claims, occurring on or after 31st May 2021. 

The reforms favour insurance companies massively by reducing compensation awards and recoverability of legal costs in the vast majority of Road Traffic Accidents 

Will my claim be affected?

It’s not all bad news, the whiplash reforms only apply to those who were involved in a road traffic accident on or after 31st May 2021 and suffered whiplash injuries. 

For those who were involved in a Road Traffic Accident on or after this date, the reforms reduce the amount of compensation and legal costs recoverable – some exclusions apply. 

What are the exclusions?

The changes only apply to occupants of a motor vehicle, and not to a vulnerable road user such as:

  • Pedestrians
  • Cyclists
  • Motorcyclists
  • Scooter riders
  • Horse riders
  • Those using mobility scooters 

If you were involved in an accident prior to this date or are a vulnerable road user, then the good news is that you are still entitled to the higher compensation award regardless of when you made your claim, providing it is within the limitation period. 

What is limitation?

If you do not issue your claim at Court prior to the limitation period ending then your claim becomes statute-barred, which means you will face difficulties in making a claim as Defendant can raise a Defence under the Limitation Act 1980. 

For a road accident that happened in England and Wales, you normally have three years from the date of the accident to bring a claim, with some key exceptions. 

If you have been involved in a road traffic accident, either before or after 31st May 2021, you can call our specialist personal injury solicitors on 01204 866597 or email info@fairmontlegal.co.uk for a free consultation today. 

Share this:

Get in touch with our qualified team today...