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Road Accident Whiplash Compensation

Update On New Road Accident Compensation Claim Rules10th Mar 2021

Tough New Rules From May 31 2021

From May 31 2021, it will be harder for you to claim compensation for supposedly ‘minor’ injuries caused by road accidents. The government is targeting whiplash claims in particular.

But you can still claim under the old rules if your accident occurred before May 31 2021. And vulnerable road users – such as motorcyclists, cyclists and pedestrians – are exempt from the new rules.

Book A Free Chat With A Road Accident Claims Lawyer

How Will The New Rules Affect Me?

Under the new rules, road accident injury claims up to £5,000 will go through the Small Claims Track (SCT), making it virtually impossible for a solicitor to get involved. (At present, the SCT threshold for these claims is £1,000.)

From May 31 2021, your compensation will be limited, based on the duration of your injuries. The limit increases (see the figures in brackets) for factors such as added psychological injuries:

  • not more than three months – £240 compensation (£260)
  • more than three months but not more than six months – £495 (£520)
  • more than six months but not more than nine months – £840 (£895)
  • more than nine months but not more than 12 months – £1,320 (£1,390)
  • more than 12 months but not more than 15 months – £2,040 (£2,125)
  • more than 15 months but not more than 18 months – £3,005 (£3,100)
  • more than 18 months but not more than 24 months – £4,215 (£4,345).

As you can see, the compensation limits are far from generous. We do not believe they reflect the true impact of the injuries that victims suffer.

As experienced road accident injury lawyers, we regularly see the debilitating effects of soft tissue injuries and the impact they have on victims’:

  • long-term quality of life
  • ability to earn a living and provide for their families – especially if the breadwinner is a tradesperson whose work involves a lot of manual labour.

What Can I Do About The New Rules?

Do not be put off by the new rules. Please continue to phone or email us with your accident claims. We may still be able to help you, especially if your injuries are severe. We specialise in complex head, brain and spinal injury compensation claims. 

And even after May 31 2021, the old rules (the £1,000 SCT limit) will still apply to minor injuries if the accident victim is a child or a protected party such as a vulnerable road user. These include motorcyclists and pillion/sidecar passengers, cyclists, pedestrians, horse riders and people using e-scooters or mobility scooters.

Exceptions to the new rules will also include:

  • claimants who are undischarged bankrupts
  • claimants or defendants acting as personal representatives of a deceased person
  • cases where the defendant’s vehicle was registered outside the UK.

Why Road Accident Victims Need Expert Solicitors

We are worried that the new rules will rob accident victims of the justice and compensation they need – at a time when they are least able to cope.

In theory, accident victims will still be able to claim compensation through small claims procedures. But here’s the reality: they will be on their own in court – they won’t have solicitors to help them because the government is deliberately making it harder for law firms to act for them.

So victims with what the government perceives to be less severe injuries will face an unfair playing field. In court, they will be ‘litigants in person’ with little or no legal support – going up against powerful insurance companies with strong legal teams.

How powerful are these insurance companies? Powerful enough to persuade the government to skew the playing field in their favour – at the expense of ordinary working people who have suffered injuries that are not their fault.

Road accident victims need lawyers who can handle their case on a No Win No Fee basis. So they can claim compensation to cover the cost of treatment and care – without the financial risk and stress associated with having to take on a claim without legal representation.

Further Reading…

  • How Road Traffic Accident Claims Changes Will Affect You – read more…
  • Road Traffic Accident Claims: Five Common Questions – read more…
  • E-Scooter Accidents: Who Is To Blame? – read more…

Find Out More About Claiming Compensation

Our road accident solicitors and other personal injury lawyers are based at our two offices in Poole: Parkstone Road (in the town centre) and Marshes End (at the northern end of Holes Bay).

For more information about road accident compensation claims, contact personal injury lawyer Crispin Cormack.

This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.