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Now the whiplash reforms have been implemented, what's the process to make a whiplash claim?

When the whiplash reforms were implemented on 31 May 2021, the process of making a claim changed. Find out what you now have to do to access justice and claim compensation.

02 June 2021

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You'll no doubt have seen many of our articles over the last few weeks about what the Civil Liability Act and whiplash reforms are and how they will affect you.

The changes, which happened on Monday, 31 May 2021, were implemented because of the significant amount claims for whiplash are costing the insurance industry. The Association of British Insurers estimate that more than 1,500 whiplash claims are made every day in the UK which is costing the insurance industry more than £2 billion per year.

How can you make a claim for whiplash injuries now the whiplash reforms have been implemented?

If you've had a whiplash injury, in an accident which happened on or after Monday, 31 May 2021, you can still make a claim for whiplash injuries. One way is claiming through a new self-service online 'portal' system called the Official Injury Claim (OIC). If you choose to use this portal, this means you'll not have legal representation and will have to bring the claim yourself as a ‘Litigant in Person’.

It's important to note that there are challenges which may be faced when representing yourself as a Litigant in Person, and it may be a stressful and complex process.

If you prefer to seek compensation and have legal representation, Slater and Gordon have introduced an innovative self-serve claims portal, the micase platform. The micase platform is an online platform which enables you to claim compensation with legal representation on your side. This will alleviate a lot of the stress of dealing with the case yourself.

By choosing micase, you'll not have the worry about whether or not an offer is good enough to accept or reject, or, if necessary, represent yourself in court, as you'll have expert legal representation on your side.

By choosing micase, Slater and Gordon will charge a small percentage of your compensation but only if you win, so there'll be no financial risk to you. If you decide to seek legal representation elsewhere, please be careful when reading the terms and conditions relating to your solicitors' costs, as if you're charged an hourly rate, regardless of if you win or lose your case, you may end up out of pocket.

How much compensation do you now get for a whiplash claim?

The amount you can get for a whiplash claim has been reduced as part of the whiplash reforms and ranges from £240 to £4,345. You can see a full breakdown of the various amounts of compensation you can receive in our article, How much do you get for a whiplash claim?

Although the amount you can receive has been reduced, the Government have confirmed that as a result of the whiplash reforms being implemented, motorists will see their car insurance cut by approximately £35 per year, which is great news for motorists.

How do you claim for a whiplash injury if you're not affected by the whiplash reforms?

There are a number of people who will not be affected by the whiplash reforms. If you're not affected, the insurer of the driver at fault will continue to pay your reasonable legal fees if the claim is worth over £1,000, so they'll be no change from before the whiplash reforms were implemented.

For expert legal representation following a whiplash injury, simply register your claim on the micase platform today. If you're not affected by the reforms, one of our experts will contact you.

The above information was correct at the time of publication.

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