2021 Whiplash Reform

As you may be aware, after some delays due to the pandemic, the Whiplash Reform Act came into force at the end of May. As part of the Civil Liability Act 2018, the reform focuses on reducing fraudulent whiplash claims. According to Aviva, 80% of UK road traffic accident claims include a claim for whiplash, whereas in France the number is as low as 3%. 

So what’s changed?

  • A new legal definition of a ‘whiplash injury’ will apply 
  • Medical evidence is needed to prove any whiplash injuries before a claim can be settled 
  • Compensation for whiplash injuries will be based on a set amount depending on the duration of the injuries 
  • Unlike today, legal costs for claims valued up to £5,000 can’t be recovered from the at-fault party 
  • Insurers now only have 30 days to collate evidence for or against a whiplash claim. If they cannot provide the evidence in this period, the court will automatically find for the other party. 
  • It is important that the Motor Insurance Database is kept up to date as there are only 30 days to redirect a claim to a different Insurer and this must be accompanied by a signed Statement of Truth and evidence of the right Insurer. 

If there is a traffic collision with one of the insured vehicles you must: 

  • Call us as soon as possible (ideally within 24 hours) with as many details as you can. 
  • Give us contact details for your driver. Insurers will need to speak to them directly and they will need to provide a written statement outlining the incident.