Low-value personal injury claims can be allocated to the small claims track of the County Court. The key threshold is the amount of your general damages (pain, suffering and loss of amenity). For most non-RTA claims, the limit is £1,000. For RTA whiplash-type injuries via the OIC portal, it is £5,000. On the small claims track you generally cannot recover solicitor's fees from the other side, which means many solicitors will not take these cases on no win no fee.
Understanding which court track your claim falls on matters because it determines whether hiring a solicitor makes financial sense, what costs you can recover, and how formal the process is. This guide explains the small claims track rules for personal injury in plain English. We are an independent information service, not a law firm.
The allocation thresholds
Under CPR Part 26, the court allocates claims to one of three tracks based on value and complexity:
| Track | General damages threshold | Total claim value | Solicitor costs recoverable? |
|---|---|---|---|
| Small claims | Up to £1,000 (non-RTA) / £5,000 (RTA whiplash) | Up to £10,000 | Generally no |
| Fast track | Above small claims threshold | £10,001–£25,000 | Yes (fixed costs) |
| Multi-track | Any | Over £25,000 | Yes (assessed costs) |
Note: these thresholds can change. Always check the current CPR Part 26 rules or ask a solicitor. The £5,000 RTA threshold was introduced by the Civil Liability Act 2018 reforms that took effect on 31 May 2021.
The costs rule and why it matters
The defining feature of the small claims track is the "no costs" rule. Even if you win, you generally cannot recover your solicitor's fees from the defendant. You can recover:
- Court issue fees
- Reasonable travel and witness expenses
- Limited expert report fees (with court permission)
- Loss of earnings for attending the hearing (capped)
This means that if you hire a solicitor, you pay their fees yourself out of your compensation — which may consume most or all of a small award. As a result, most no win no fee solicitors do not accept small claims track PI cases because there is no mechanism to fund their costs.
Representing yourself
Many people handle small claims track PI cases as litigants in person. The small claims process is designed to be accessible:
- Hearings are informal (usually in a judge's room, not a formal courtroom)
- Strict rules of evidence are relaxed
- The judge actively assists unrepresented parties
- Claims can be started online via the Money Claims Online service
The OIC portal and RTA whiplash claims
For RTA soft tissue (whiplash-type) injuries worth up to £5,000 in general damages, the Official Injury Claim (OIC) portal is the designated route. The portal uses a fixed tariff set by the Civil Liability Act 2018 to value injuries, and is designed to be used without a solicitor. If your RTA claim involves injuries beyond whiplash (for example, a broken bone alongside a whiplash injury), the non-tariff element may take the claim out of the portal and onto the fast track.
Practical tips for small claims PI cases
- Get a medical report. Even on the small claims track, a medical report is essential to prove your injury and its value. Ask for court permission to use a single expert.
- Gather evidence early. Photographs, receipts, GP records and witness statements all help.
- Consider mediation. The court usually offers free mediation for small claims, and many cases settle at this stage.
- Use Citizens Advice and court guidance. Free resources exist to help litigants in person navigate the process.
- Calculate your claim properly. Include special damages (lost earnings, travel, prescriptions) as well as general damages.
Frequently asked questions
What is the small claims limit for personal injury?
For most personal injury claims (non-RTA), the claim is allocated to the small claims track if general damages for pain, suffering and loss of amenity do not exceed 1,000 pounds. For road traffic accident whiplash-type injuries handled through the OIC portal, the threshold is 5,000 pounds (introduced by the Civil Liability Act 2018 reforms in May 2021). Always check the current CPR Part 26 rules as thresholds can change.
Can I recover my solicitor's costs on the small claims track?
Generally no. The small claims track has a no-costs rule, meaning the losing party does not usually have to pay the winner's solicitor fees. You can recover fixed costs such as court fees, travel expenses and limited witness costs, but not your lawyer's charges. This is why many solicitors will not take small claims track cases on a no win no fee basis.
Should I use a solicitor for a small claims track personal injury case?
You can, but since you cannot recover their fees from the other side, the cost may outweigh the compensation. Many claimants represent themselves (as litigants in person). Some solicitors offer fixed-fee advice or limited help, and Citizens Advice can provide guidance on the process.
What is the difference between the small claims track and the fast track?
The fast track handles personal injury claims where general damages exceed the small claims threshold (up to 25,000 pounds total claim value). On the fast track, the loser normally pays the winner's reasonable solicitor costs, making no win no fee viable. The multi-track handles claims above 25,000 pounds.
Does the OIC portal change which track my claim goes to?
For RTA-related soft tissue (whiplash-type) injuries, the Official Injury Claim portal applies where general damages are up to 5,000 pounds. These claims are designed to be handled without a solicitor, using the tariff set by the Civil Liability Act 2018. If your RTA claim involves injuries beyond whiplash, the standard allocation rules apply.
Can I still claim special damages on the small claims track?
Yes. Special damages (financial losses like lost earnings, travel costs and medical expenses) can be claimed in addition to general damages. The total claim value including special damages determines the track, but it is the general damages element specifically that must be below the threshold for small claims allocation.
Get help from official, free sources
- GOV.UK — Make a court claim for money — how to start a small claim
- Citizens Advice — free guidance on small claims procedure
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- Official Injury Claim (OIC) — the RTA whiplash portal
Related guides: how to make a claim, going to court, no win no fee, the OIC portal, and how compensation works.