1. What Is the Small Claims Limit for Personal Injury?
As of 2025, the small claims limit for personal injury in England and Wales is £5,000. If your injury claim is valued at or below this amount, it will typically be processed through the small claims track in the county court.
2. When Did the £5,000 Limit Come into Effect?
The increase from £1,000 to £5,000 was introduced in May 2021 as part of legal reforms aimed at reducing the number of minor injury claims going through full litigation processes, particularly for road traffic accidents.
3. What Cases Are Affected by the Limit?
The £5,000 small claims limit applies only to road traffic accident (RTA) personal injury claims involving whiplash or minor soft tissue injuries. Non-RTA injury claims, such as those from workplace accidents or slips and falls, generally still have a lower limit of £1,000.
4. How Is the Claim Value Determined?
The value is based only on the injury compensation, not including repair bills or loss of earnings. For example, if you claim £1,200 for injury and £2,000 for car damage, only the injury amount is considered for small claims eligibility.
5. Legal Costs Are Not Recoverable in Small Claims
If your personal injury claim falls within the small claims limit, you typically cannot recover legal costs from the other party—even if you win. This is why many small claims are handled without a lawyer.
6. Exceptions to the Small Claims Track
Some cases are exempt from the £5,000 small claims limit, including:
- Children or protected parties making a claim
- Cyclists, pedestrians, motorcyclists, and horse riders
- Injuries sustained abroad or involving uninsured drivers
7. The Online Claims Portal
Most small personal injury claims must be submitted via the Official Injury Claim Portal, a self-service website designed to simplify the process for claimants without legal representation.
8. Compensation Is Based on Fixed Tariffs
For whiplash and minor soft tissue injuries under the small claims track, compensation is awarded based on fixed amounts, which vary by recovery time. These tariffs are legally defined and leave little room for negotiation.
9. Evidence Is Still Essential
Even in small claims court, clear medical evidence and documentation are vital. A medical assessment is usually arranged through the claims portal to support your injury valuation.
10. When to Get Legal Advice
If your injuries are complex, you believe your case is wrongly classified, or you face an uncooperative insurer, legal advice is still highly recommended—even if it means paying privately. Some solicitors offer fixed-fee consultations for small claims guidance.
Frequently Asked Questions
What is the current small claims limit for personal injury?
£5,000 for RTA-related injuries and £1,000 for non-RTA claims in England and Wales.
Can I use a solicitor for a small claims personal injury case?
Yes, but legal fees are typically not recoverable if your claim is within the small claims limit.
Is whiplash always considered a small claim now?
In most cases, yes—if the whiplash injury is valued under £5,000 and occurred in a road traffic accident.
Can children make small personal injury claims?
Yes, but children are exempt from the small claims track and must be represented by a litigation friend.
What happens if my claim is over £5,000?
It may proceed through the fast track, allowing for greater legal costs and potentially higher compensation.
Can I claim for emotional distress in small claims?
Generally, compensation focuses on physical injury. Emotional distress may be considered, but it must be clearly linked and evidenced.
Conclusion
Understanding the small claims limit personal injury rules helps you navigate the legal system confidently. Whether you’re dealing with a minor whiplash or another type of personal injury, knowing the limit, process, and your rights ensures you’re better prepared to act. Seek legal advice when in doubt, and don’t delay—time limits still apply.
Leave a Reply