How to Claim Whiplash UK Under the New Law (2024)

Table of Contents

1. What Is Whiplash?

Whiplash is a soft tissue neck injury caused by a sudden jerking motion, often from rear-end car collisions. Symptoms may include:

Neck pain and stiffness
Shoulder or upper back discomfort
Headaches and dizziness
Fatigue and difficulty concentrating

Symptoms can last from days to months—and in severe cases, even longer.

2. Can You Claim for Whiplash in the UK?

Yes. You can make a whiplash claim UK if:

You were injured in a road traffic accident that wasn’t your fault
The accident occurred in the last three years
You have medical evidence confirming your injury

Even passengers and pedestrians can claim if involved in a qualifying accident.

3. The Whiplash Reform (2021): What Changed?

As of May 2021, the UK introduced a new process for low-value road traffic accident (RTA) claims, affecting whiplash:

Claims under £5,000 must now go through the Official Injury Claim (OIC) portal
Medical evidence is mandatory before compensation is paid
Compensation amounts are now fixed and tariff-based
Legal costs aren’t recoverable unless the claim exceeds £5,000

This reform mainly affects drivers and passengers, not cyclists, pedestrians, or motorcyclists.

4. How Much Compensation for Whiplash?

The new tariff system determines how much you can claim:

Whiplash Compensation Tariffs (2024):

Whiplash lasting up to 3 months: £240
3–6 months: £495
6–9 months: £840
9–12 months: £1,320
12–15 months: £2,040
15–18 months: £3,005
18–24 months: £4,215

If you have additional psychological injuries, a combined tariff applies, increasing the award slightly.

5. How to Claim Whiplash UK: Step-by-Step

Step 1: Seek Medical Attention

Get examined by a GP or visit A&E to confirm your injury. Keep all medical records.

Step 2: Gather Evidence

Photos of the accident scene
Witness contact details
Vehicle damage reports
Medical documentation
Receipts for expenses

Step 3: Use the Official Injury Claim Portal (for low-value claims)

Visit www.officialinjuryclaim.org.uk to begin your claim. You’ll need:

Insurance and vehicle details
Accident date and location
Medical report (obtained through the portal)

Step 4: Consider Legal Support

While legal costs aren’t recoverable in low-value cases, you can still:

Consult a solicitor privately
Use a claims management company
Seek help for complex or disputed claims

Step 5: Wait for Offer and Accept or Reject

The insurer will assess the claim and offer compensation based on your injury duration and type. You can accept or negotiate with evidence.

6. No Win No Fee Whiplash Claims

If your claim exceeds £5,000 or involves serious injury or multiple damages:

Most solicitors offer no win no fee
You don’t pay unless the claim succeeds
Legal fees are capped (usually 25% of your compensation)

This applies to claims outside the OIC portal or involving special damages.

7. How Long Do Whiplash Claims Take?

Simple OIC claims: 3–6 months
Complex or disputed claims: 6–12 months or longer

Quicker settlements occur when evidence is clear and liability is accepted early.

Frequently Asked Questions

Q1: Can I claim for whiplash if I was a passenger?
Yes. Passengers can claim through the at-fault driver’s insurance—OIC applies if it’s a low-value case.

Q2: Can I still use a solicitor?
Yes, but you may have to pay out of pocket for their services in low-value claims.

Q3: What if the other driver was uninsured?
You can claim through the Motor Insurers’ Bureau (MIB).

Q4: Do I need a medical report?
Yes. A medical expert’s report is required before compensation is awarded.

Q5: Can I claim for psychological distress?
Yes, if supported by medical evidence. This can increase your compensation under the combined tariff.

Q6: What if my symptoms appear weeks later?
You can still claim if the injury is linked to the accident and diagnosed within the time limit.

Conclusion

Making a whiplash claim UK has changed under the new law—but compensation is still available for genuine injuries. Whether you use the Official Injury Claim portal or hire a solicitor for a larger case, acting quickly and gathering evidence is key. Get the support you need, understand your rights, and claim the compensation you deserve today.

Martin taggart