Whiplash Injury Claims

Whiplash is a soft tissue injury to the neck and shoulders, most commonly caused by the sudden jerking motion in a rear-end road traffic collision. It is the most frequently claimed personal injury in England and Wales, and special rules — the Whiplash Reform Programme — apply to lower-value claims.

Eligibility

A whiplash claim requires: (1) a road traffic accident caused by another party's negligence, (2) a whiplash diagnosis (usually confirmed by a medico-legal report from an independent medical expert), and (3) the injury was caused by the accident. The 2021 Whiplash Reform Programme introduced fixed tariff damages for soft tissue injuries where the claim value is up to £5,000 and the injury resolves within 2 years.

Indicative compensation ranges

For RTA soft tissue injuries with a claim value of up to £5,000, fixed tariff amounts now apply under the Whiplash Injury Regulations 2021. For more serious or longer-lasting injuries, the Judicial College Guidelines apply.

Severity / type	Range (general damages)	Characteristics
Tariff — up to 3 months	£240 – £495	Full soft tissue recovery within 3 months
Tariff — 3 to 6 months	£495 – £840	Full recovery within 6 months
Tariff — 6 to 9 months	£840 – £1,320	Full recovery within 9 months
Tariff — 9 to 12 months	£1,320 – £2,125	Full recovery within 12 months
Tariff — 12 to 15 months	£2,125 – £3,100	Full recovery within 15 months
Tariff — 15 to 18 months	£3,100 – £3,950	Full recovery within 18 months
Tariff — 18 to 24 months	£3,950 – £4,215	Full recovery within 24 months
Moderate (JCG, beyond tariff)	£4,215 – £21,920	Continuing significant symptoms, psychological component, partial recovery
Severe (JCG, serious neck injury)	£45,470 – £55,990	Permanent disability, neurological involvement, chronic pain

Time limits

The limitation period is 3 years from the accident date. For claims through the Official Injury Claim (OIC) portal — used for RTA soft tissue claims — the process is separate from the standard small claims procedure. Seek advice promptly, particularly if your recovery extends beyond 2 years as the tariff may no longer apply.

The claims process

Seek medical attention immediately and tell your doctor the symptoms are from an RTA
Your solicitor registers your claim on the Official Injury Claim (OIC) portal (for tariff claims)
An independent medical expert examines you and produces a medico-legal report
The report determines the tariff band (recovery period) or, for serious injuries, the JCG bracket
The defendant's insurer makes an offer or disputes liability
Settlement is agreed or, if disputed, the small claims court adjudicates (for tariff claims)

Frequently asked questions

What is the Official Injury Claim portal?

The OIC portal (officialbodyinjuryclaim.org.uk) is the government-mandated online service for RTA soft tissue injury claims with a value up to £5,000. Claimants can use it directly or through a solicitor. Most solicitors handle OIC claims on your behalf.

My whiplash symptoms are still present after 2 years — does the tariff still apply?

If your soft tissue injury has not resolved within 2 years, the whiplash tariff no longer applies. Your claim would be assessed under the Judicial College Guidelines as a more serious injury, which typically results in a higher award.

I have both whiplash and a psychological injury — how is this assessed?

Where a claimant has both a tariff whiplash injury and a recognised psychiatric injury (such as PTSD or travel anxiety), the tariff applies to the soft tissue element but damages for the psychological injury are assessed separately under the JCG and added on top.

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