Whiplash Claims UK: 2025 Tariff, Time Limits & How to Claim

At a glance

• Current tariff (accidents on or after 31 May 2025): whiplash-only compensation runs from £275 (up to 3 months) to £4,830 (18–24 months); slightly higher where a minor psychological injury is suffered on the same occasion. Set by the Whiplash Injury Regulations 2021, as amended by the Whiplash Injury (Amendment) Regulations 2025.
• Accidents before 31 May 2025: the original 2021 tariff still applies — £240 to £4,215 for whiplash alone.
• Who the tariff covers: only injuries suffered by someone using, or being carried in, a car, van or other motor vehicle (not a motorcycle) on a road or public place. Motorcyclists, cyclists and pedestrians sit outside the tariff scheme entirely.
• Time limit: 3 years from the date of the accident, or from when you first knew the injury was significant, under the Limitation Act 1980. Children have until their 21st birthday.
• Small claims limit: the injury element of a road traffic accident (RTA) claim must be £5,000 or less, and the whole claim (including financial losses) no more than £10,000, to go through the Official Injury Claim portal.
• Uplift for exceptional cases: a court can award up to 20% above the tariff figure where the injury is exceptionally severe or the claimant's circumstances are exceptional.
• No settlement without medical evidence: the law bans a "regulated person" — an insurer, claims company or similar — from settling a whiplash claim before appropriate medical evidence has been seen.

What counts as a "whiplash injury" in law

"Whiplash injury" has a specific legal meaning under the Civil Liability Act 2018. It means a soft tissue injury — a sprain, strain, tear, rupture or similar damage — to a muscle, tendon or ligament in the neck, back or shoulder. An injury connected to a different, non-soft-tissue injury (for example soft tissue damage linked to a broken bone) is not treated as a whiplash injury under the Act.

The tariff regime only applies where the injury was suffered "because of driver negligence" while the claimant was using, or being carried in or on, a car, van or other motor vehicle other than a motorcycle, on a road or public place in England or Wales, and the injury was caused wholly or partly by another person's negligent driving. This is a narrower scope than "whiplash" in everyday use — it excludes motorcyclists, cyclists, pedestrians, and accidents outside England and Wales, all of which are still capable of giving rise to a compensation claim, just not through the tariff or the OIC portal.

The current tariff, and what changed on 31 May 2025

The Lord Chancellor is required to review the whiplash tariff regulations periodically. The first statutory review was completed and reported on 21 November 2024, recommending the tariff be uprated for inflation since 2021 plus a buffer for expected inflation to the next review. The resulting amendment increased every tariff band by roughly 15%, with effect from 31 May 2025 — but only for accidents (strictly, causes of action) accruing on or after that date. Accidents before that date are still valued under the original 2021 figures.

Table 2 — accidents on or after 31 May 2025:

| Duration of injury | Whiplash only | Whiplash + minor psychological injury | |---|---|---| | Not more than 3 months | £275 | £300 | | More than 3, up to 6 months | £565 | £595 | | More than 6, up to 9 months | £965 | £1,025 | | More than 9, up to 12 months | £1,510 | £1,595 | | More than 12, up to 15 months | £2,335 | £2,435 | | More than 15, up to 18 months | £3,445 | £3,550 | | More than 18, up to 24 months | £4,830 | £4,975 |

Table 1 — accidents before 31 May 2025:

| Duration of injury | Whiplash only | Whiplash + minor psychological injury | |---|---|---| | Not more than 3 months | £240 | £260 | | More than 3, up to 6 months | £495 | £520 | | More than 6, up to 9 months | £840 | £895 | | More than 9, up to 12 months | £1,320 | £1,390 | | More than 12, up to 15 months | £2,040 | £2,125 | | More than 15, up to 18 months | £3,005 | £3,100 | | More than 18, up to 24 months | £4,215 | £4,345 |

Both tables are set out in regulation 2 of the Whiplash Injury Regulations 2021, as amended. "Duration" means the actual or likely duration of your symptoms if you take reasonable steps to manage them — not simply how long you choose not to seek treatment.

A court may increase the figure in exceptional circumstances, but the uplift cannot exceed the tariff amount by more than 20%, and only applies where the injury is exceptionally severe or the claimant's own circumstances make the effect of the injury exceptional. Where you have a whiplash injury alongside a separate, non-whiplash injury (a "mixed injury" claim — for example whiplash plus a facial cut requiring stitches), the court can still award a combined figure that reflects both, with the whiplash element capped at the tariff amount.

Are you eligible to use the Official Injury Claim portal?

The Official Injury Claim (OIC) portal was set up on behalf of the Ministry of Justice as the standard route for unrepresented claimants. According to the portal's own guidance on who can use the service, you can normally use it if:

1. The accident happened in England or Wales. Different rules apply if the other driver's vehicle was registered abroad.
2. You were inside a vehicle — a car, van or similar — when you were injured. Motorcyclists, cyclists and pedestrians cannot use the portal.
3. Your injury is minor, such as whiplash, muscle pain or bruising — not a more serious injury like a head injury or broken bone.
4. You are 18 or over, and not a protected party (someone who lacks capacity to conduct legal proceedings). Children's claims are excluded and need to be dealt with separately.
5. The value fits within the small claims limit — the injury element of the claim is £5,000 or less, and the whole claim, including any financial losses such as loss of earnings or vehicle costs, is £10,000 or less.

If your claim falls outside any of these, you should seek legal advice rather than use the portal.

How to claim: step by step

1. Get medical attention promptly. See your GP or attend A&E as soon as symptoms appear. A timely medical record creates contemporaneous evidence, which matters when a claim is later assessed.
2. Gather evidence from the scene. Note the other driver's details, registration number and insurer. Photograph vehicle damage and the road layout if you can, and keep witness details, dashcam footage and any police reference number.
3. Report the accident to your own insurer. Notify your insurer promptly, even if you were not at fault. Your policy may require this, and your insurer can assist with uninsured losses such as your excess or hire costs.
4. Register your claim on the OIC portal, if you meet the eligibility criteria above. You will be asked to confirm liability with the other driver's insurer.
5. Get a medical report. Once liability is confirmed (or partly disputed), you are referred for an independent medical assessment. A settlement offer cannot lawfully be made before this evidence is obtained.
6. Consider the offer before accepting. Once the tariff figure (and any uplift or mixed-injury element) is calculated, you will receive an offer. Settlement is final, so check that any ongoing symptoms, loss of earnings or care costs have been properly accounted for before you accept.

Time limits: the three-year rule

Under section 11 of the Limitation Act 1980, a personal injury claim must normally be brought within three years of the accident, or three years from the date you first knew (a) that your injury was significant and (b) that it was attributable to the accident, if that is later. Missing this deadline will usually mean the claim is barred entirely.

Children are treated differently. Under section 28 of the Limitation Act 1980, the clock does not start running while the injured person is under 18. Their three-year period begins on their 18th birthday, giving them until their 21st birthday to bring a claim — someone else (typically a parent) can bring a claim on the child's behalf before then.

A court has a limited discretion under section 33 of the Act to allow a claim to proceed after the deadline has passed, but this is not something to rely on — it depends on the specific facts and is decided case by case. Acting well within the three years is always the safer course.

If your symptoms go past 24 months, or your injuries are mixed

The tariff only applies where the whiplash injury's duration does not exceed, or is not likely to exceed, two years. If your symptoms are ongoing or expected to continue beyond 24 months, the tariff simply does not apply to that injury — it is valued instead under ordinary common-law principles, typically using the Judicial College Guidelines for General Damages, in the same way as any other personal injury claim. These cases are more complex to value and usually benefit from professional input.

The same is true for "mixed injury" claims, where you have both a tariff-covered whiplash injury and a separate injury the tariff does not cover (for example a fractured rib). The non-whiplash element is valued conventionally, and the court has discretion over how to reflect the combined effect — this is an area where case law continues to develop, so getting the valuation right is not always straightforward.

Passengers, and claims against uninsured or untraced drivers

Passengers injured in a road traffic accident can claim against the at-fault driver's insurer on the same basis as a driver — the same tariff, portal eligibility rules and time limits apply, and liability is often more straightforward because passengers are rarely responsible for the collision itself.

If the driver who caused your injury was uninsured or could not be traced, you may still be able to claim compensation from the Motor Insurers' Bureau (MIB), which GOV.UK confirms exists to compensate victims of uninsured and hit-and-run drivers. These claims follow a different process from the OIC portal, with their own evidence and reporting requirements, so it is worth seeking guidance early if this applies to you.

Common mistakes that weaken a whiplash claim

• Delaying medical treatment. A gap between the accident and your first medical record can be used to question whether the injury was really caused by the collision.
• Accepting a quick cash offer at the roadside or over the phone. Settling a whiplash claim before appropriate medical evidence has been obtained is not lawful for a regulated person to arrange — be cautious of anyone offering to bypass this step.
• Confusing "whiplash" in the everyday sense with the legal definition. If you were a cyclist, pedestrian or motorcyclist, the tariff and the OIC portal do not apply to you, even though you can still claim.
• Missing the three-year deadline because you assumed the claims process itself paused the clock — it does not.
• Not flagging ongoing symptoms before accepting an offer. Once you accept a settlement, you cannot usually go back for more if your symptoms turn out to last longer than expected.

This guide provides general information about whiplash claims in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 · Next review due: August 2027 or on legislative change.