New Personal Injury Reforms released by the Government on 23 February 2017, showed that from 1st October 2018 any whiplash injury claims sustained in road traffic accidents will be subject to a Whiplash Tariff which is set to cut soft tissue/ whiplash claims.
The MoJ has unveiled the Prisons and Courts Bill. The bill is set to pave the way for a huge overhaul of prisons in a generation and the delivery of a world-class court system. The new Bill has introduced the new fixed tariffs capping whiplash compensation pay-outs.
Whiplash Claims in Road Traffic Accidents
In the table below, we can clearly see that the government and insurance companies are trying to penalise any innocent whiplash compensation claimants from getting a fair settlement for their injuries.
|Inj Dur||2015 Av.||JC Guideline||New Tariff Amount|
|0-3 m||£1,750||Up to £2,050||£225|
|4-6 m||£2,150||£2,050 to £3,630||£450|
|7-9 m||£2,600||£2,050 to £3,630||£765|
|10-12 m||£3,100||£2,050 to £3,630||£1,190|
|13-15 m||£3,500||£3,630 to £6,600||£1,820|
|16-18 m||£3,950||£3,630 to £6,600||£2,660|
|19-24 m||£4,500||£3,630 to £6,600||£3,725|
As seen in the table above, claimants are reportedly going to get 8 times less, depending on the length of their injuries, than the average settlement they would have received in road traffic accidents in 2015.
Under Clause 61(1) whiplash is to be defined as an injury or set of injuries of the neck or the neck and upper torso. The tariff only applies to people who are injured whilst using or travelling in any motor vehicle other than a motorcycle, Clause 61(3).
Based on the above, it seems that the only people who are not covered by the new provi-sions, and are not subject to the new tariff system, are pedestrians, cyclists and motorcy-clists.
The new reforms call into question whether it is worth claiming whiplash compensation following a Road Traffic Accident after 1st October 2018. In addition, what will this out-come have on Claimant Road Traffic Personal Injury firms? As we have seen from the switch to the fixed costs regime back in April 2013, many firms closed their doors as they could not provide the level of service they used to following the cut in costs.
Only time will tell if Personal Injury Claims from Road Traffic Accidents will diminish. The only Personal Injury Road Traffic Accident Claims to arise after 1st October 2018 will be any fatal accidents or high value serious injury.
As it stands, people who have suffered whiplash injuries in road traffic accidents are able to claim appropriate compensation for their injuries. The Personal Injury team at Wildings Solicitors are specialists in securing the compensation that our clients deserve.