Personal injury

Are the whiplash reforms being implemented in Scotland?

The whiplash reforms are only being implemented in England and Wales. Find out what you have to do if you have a whiplash claim in Scotland after 31 May 2021.

25 May 2021

Newsroom - motorway Scotland

The Civil Liability Act (CLA) and the Whiplash Injury Regulations, also known as the whiplash reforms, are to be implemented in England and Wales on 31 May, but what does that mean if your accident takes place in Scotland?

Are the whiplash reforms being implemented in Scotland?

The simple answer is no. CLA and the whiplash reforms are only being implemented in England and Wales.

Although Scotland, England and Wales are part of the UK, Scotland has its own unique legal system which differs from that of England and Wales. So, when new Acts are implemented in England and Wales, they don't affect the law in Scotland.

What will be the difference when the whiplash reforms are implemented in England and Wales on 31 May?

The implementation of CLA and the whiplash reforms in England and Wales will bring several changes, most notably being the change to the threshold of the small claims limit.

The majority of whiplash claims are worth between £1,000 and £5,000 and in England and Wales, if your whiplash claim for pain and suffering is worth less than £1,000, the insurer of the vehicle at fault will pay your compensation and any financial losses but will not pay your legal fees. This means that currently, for the majority of whiplash claims, legal fees are paid. On 31 May, this threshold is changing from £1,000 to £5,000 which means for the majority of whiplash claims legal fees won't be paid.

In Scotland, there are no restrictions for pursuing whiplash claims which means the insurers of the vehicles at fault will have to contribute to the legal cost of pursuing whiplash claims.

How much compensation can I get for whiplash in Scotland?

The amount of compensation you can get for a whiplash claim in Scotland depends very much on:

  • How severe the pain and suffering is
  • How long you've been suffering the pain
  • How your injury has affected your life, such as your ability to work or carry out other tasks
  • How much it has cost you, such as lost wages and medical expenses

The amounts can range from a very minor whiplash injury at £850 to a very severe whiplash injury at £7,500.

If you talk to a Scottish solicitor who specialises in personal injury and whiplash claims, they'll review your circumstances and severity of your injuries and will provide you with an estimate of the likely value of your claim.

New tariffs for compensation have now been set for England and Wales which will be implemented on 31 May 2021.

What shall I do if I suffer a whiplash injury in Scotland after 31 May?

As Scotland is not affected by the whiplash reforms, if you're involved in a road traffic accident and suffer a whiplash injury in Scotland, contact our Scottish team of personal injury experts as soon as possible. There are time limits when making a claim for personal injury so don't delay if you wish to make a claim for whiplash.

If you suffer a whiplash injury in England or Wales after 31 May, we can still represent you. We want to ensure everyone has access to legal representation without the risk of being left out of pocket, so we'll be launching the micase platform.

The micase platform is a claims portal which allows you to claim compensation, without the stress of dealing with the case yourself as a Litigant in Person if your accident occurs in England or Wales. We'll be representing those who are affected by the whiplash reforms on a No Win No Fee basis, meaning, if the case is successful, we'll charge a small percentage of your compensation payment, so there'll be no financial risk.

The My Claim Platform will be launched on 31 May 2021. If you'd like more information, simply follow our social media accounts Facebook and Twitter for up-to-date news, or sign up to our Free Newsletter which also gives you the opportunity to take advantage of a free will from our online Essentials range.

The above information was correct at the time of publication.

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