Whiplash claims: the tariff and how to claim

Whiplash is the most common injury from a road traffic accident, and it is also the type of claim that has changed the most in recent years. If you have been shaken up in a rear-end shunt and are wondering what your claim is worth and how to bring it, the answer now depends heavily on a single piece of law: the fixed tariff introduced in 2021. This guide explains what whiplash is, how the reforms reshaped the process, who is covered by the tariff and who is not, and the practical steps to claim — in plain English, and without inventing figures we can't stand behind.

One thing to be clear about from the outset: we are an independent information service, not a law firm. Nothing here is legal advice about your own injury. For that, speak to an SRA-regulated solicitor or use the official sources we signpost below.

What whiplash actually is

Whiplash is a soft-tissue injury to the neck, back or shoulders, caused when the head is suddenly thrown forwards and back — the classic "whip" motion. It typically happens in rear-end collisions, where the impact jolts your body while your head lags behind. Symptoms often appear hours or even a day or two after the crash and can include neck stiffness and pain, reduced movement, headaches, shoulder or upper-back ache, and sometimes pins and needles in the arms.

Most whiplash settles within weeks or a few months, but a minority of people have symptoms that linger far longer. Because whiplash rarely shows up on a scan, a claim relies on an independent medical opinion about whether the injury is genuine and how long it is likely to last. That medical timeline is what decides which compensation band you fall into — so the duration of your symptoms matters more here than in almost any other type of claim. For more on neck and spinal soft-tissue injuries generally, see our back injury claim guide.

The Whiplash Reform Programme explained

For years, road-traffic whiplash claims were criticised as too easy to exaggerate and too costly to insure against. In response, Parliament passed the Civil Liability Act 2018, and the detail was set out in the Whiplash Injury Regulations 2021. Together these created the Whiplash Reform Programme, which came into force on 31 May 2021 and fundamentally changed how these claims are valued and run.

The headline change is a fixed tariff of compensation. For a road-traffic whiplash injury lasting up to 24 months, the amount payable for the injury itself (the pain, suffering and loss of amenity) is set by the government rather than worked out from comparable cases. The tariff applies to occupants of vehicles aged 18 or over. Two further reforms went alongside it, and they matter just as much in practice:

• A higher small claims limit. The small claims track limit for road-traffic personal injury rose to £5,000. Below that, legal costs are generally not recoverable from the other side, which is why so many people now bring whiplash claims without a solicitor.
• A dedicated claims portal. The government launched the Official Injury Claim service so that people can claim these lower-value injuries themselves, online and for free.

The practical effect is that a typical whiplash claim today looks very different from one made before May 2021: a largely fixed value, a do-it-yourself route, and limited scope to recover legal costs.

The statutory whiplash tariff

The tariff sets a single, fixed amount for the injury based on how long your symptoms last, with a separate, slightly higher figure where there are also minor psychological injuries (such as travel anxiety) alongside the whiplash. The bands run from very short-lived symptoms up to the full 24-month ceiling. The amounts are deliberately modest, and they were uplifted by the Lord Chancellor in 2024 to reflect inflation, but the structure stays the same.

Rather than risk quoting figures that may be out of date, the table below shows the band structure by injury duration. Always confirm the current cash amounts against the Whiplash Injury Regulations 2021 (as amended) or the Official Injury Claim portal, which displays the up-to-date tariff for your band once your medical report is in.

Importantly, the tariff covers only the injury itself. Your actual financial losses — lost earnings, treatment costs, travel, care and so on — are not part of the tariff and can be claimed in addition, calculated from your evidence. Our guide to what compensation covers explains how those "special damages" work. In limited cases a court can also apply a small uplift to a tariff award where the injury is exceptionally severe, but that is the exception, not the rule.

Claiming through the Official Injury Claim portal

The Official Injury Claim (OIC) service is run by the Motor Insurers' Bureau (MIB) on behalf of the Ministry of Justice. It is designed for litigants in person — people claiming without a lawyer — to bring road-traffic injury claims valued at up to £5,000 for the injury, where the overall claim is under £10,000 in total. You register online, set out what happened, and the at-fault driver's insurer responds through the same system.

The portal handles everything from notifying the insurer to organising your medical report and presenting an offer based on the tariff. It is free to use. You can still get a solicitor to help, but because legal costs usually aren't recoverable at this level, many people choose to do it themselves. If you would rather understand the wider sequence first, our personal injury claim process guide walks through every stage of a claim.

Why a medical report is essential

You cannot settle a road-traffic whiplash claim on your say-so alone. The law requires a fixed-cost medical report obtained through MedCo, the official portal that sources accredited medical experts and reporting organisations. An independent doctor examines you (often remotely or in person), reviews your records, and gives a professional opinion on whether your injuries are genuine and how long they are likely to last.

That prognosis is the linchpin of the whole claim: it determines which tariff band applies and therefore how much you receive. It is also why honesty matters so much — the report is written by an expert who does this regularly and is not on anyone's side.

The whiplash reforms swapped haggling for a price list. The figure is largely fixed in advance — so the real work is proving the injury is genuine and recording every financial loss it caused.

Injuries that fall outside the tariff

Not every neck or back injury after a crash is a tariff case. The fixed tariff applies only to road-traffic whiplash lasting up to 24 months suffered by vehicle occupants. Several situations fall outside it and follow the normal route, valued under the Judicial College Guidelines and usually worth more:

• More serious or longer injuries. Whiplash with symptoms lasting beyond 24 months, or a more severe spinal injury, is valued in the ordinary way, not from the tariff.
• Non-road accidents. Whiplash-type injuries from a fall, an accident at work or another non-RTA cause are not tariff injuries at all.
• Vulnerable road users. Cyclists, pedestrians, motorcyclists and horse riders are exempt, as noted above.

If any of these apply to you, the value of your claim can be considerably higher than a tariff figure, and a solicitor is far more likely to be cost-effective. The right route depends on the facts, so a free initial assessment is the safest way to find out where you stand.

The three-year time limit

Whiplash claims are subject to the same deadline as other personal injury claims. You normally have three years from the date of the accident to start your claim. Miss it and your right to claim is usually lost, so it pays to act early — gathering evidence and arranging a medical report both take time.

Frequently asked questions