Can I Still Claim for Whiplash After the 2021 Reforms?
Last reviewed: June 2026 · EA Personal Injury Solicitors
Yes — the right to claim for whiplash still exists after the May 2021 reforms, but the process and compensation amounts have changed. Low-value whiplash claims from road accidents are now processed through the Official Injury Claim (OIC) portal with fixed tariff compensation amounts. More serious injuries and financial losses remain assessed in the usual way.
TL;DR — Quick Summary
Key Points
- Applies to RTA claims from 31 May 2021 — earlier accidents follow the old rules
- Fixed tariff compensation: £240–£4,215 depending on injury duration
- Tariff only applies to whiplash — other injuries assessed separately
- Financial losses (earnings, medical costs) are claimed in addition to the tariff
- Legal advice remains valuable — particularly for disputed liability or complex injuries
What Changed in May 2021?
The Civil Liability Act 2018 and the Whiplash Reform Programme introduced significant changes to how low-value road traffic accident claims are handled in England and Wales, taking effect from 31 May 2021.
Key changes:
- A fixed tariff for whiplash injury compensation replaced the previous approach of assessing each case individually
- A new Official Injury Claim (OIC) portal for processing claims with injury damages up to £5,000
- A ban on the practice of settling whiplash claims without medical evidence
- Changes to the MedCo system for obtaining accredited medical evidence
These reforms only apply to claims arising from road traffic accidents on or after 31 May 2021. Older accidents are governed by the previous rules.
The Fixed Tariff for Whiplash Injuries
The tariff sets fixed compensation amounts for "whiplash injuries" (soft tissue injuries to the neck, back, or shoulder caused by a road accident) based on the duration of symptoms:
| Injury Duration | Tariff Amount |
|---|---|
| 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 |
These are fixed amounts for whiplash general damages only. Financial losses and non-whiplash injuries are valued separately.
What Is Not Fixed: Other Injuries and Financial Losses
The tariff only applies to whiplash injuries as narrowly defined. If you have sustained other injuries alongside whiplash — a psychological reaction, a fracture, a shoulder or knee injury — those are valued separately outside the tariff framework, using the Judicial College Guidelines in the usual way.
Financial losses — lost earnings, medical costs, travel, physiotherapy — are also claimed in addition to the tariff amount and are assessed on the evidence.
Psychological Injuries
Where a road accident causes psychological injury alongside whiplash — such as PTSD, anxiety, or adjustment disorder — a separate fixed tariff applies:
- Psychological injury up to 3 months: £135
- Psychological injury 3–6 months: £270
- More severe psychological injury: valued outside the fixed tariff using JCG
Do I Need a Solicitor?
The OIC portal was designed to be navigable without legal representation for simple cases. However, even under the new regime, legal advice adds value in a number of common situations:
- The defendant disputes liability
- Your injuries extend beyond straightforward whiplash
- You have significant financial losses
- An early offer has been made that you are not sure about
- Your symptoms are ongoing beyond 3 months
Contact EA Personal Injury Solicitors for a free initial enquiry. We can advise you on whether your claim falls within the fixed tariff regime and whether legal representation would add value to your case.