The Whiplash Tariff Explained
The whiplash tariff is a fixed compensation framework for soft-tissue road traffic accident injuries in the UK. Introduced under the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021 (in force from 31 May 2021), it replaced the previous case-by-case valuation system for low-value RTA injuries with set figures based purely on the duration of symptoms. The tariff applies to all qualifying RTA whiplash claims with prognosis up to 24 months. The figures were increased by roughly 15% by the Whiplash Injury (Amendment) Regulations 2025 (SI 2025/615): accidents on or after 31 May 2025 use the newer, higher table, while earlier accidents keep the original 2021 figures. This page explains how the tariff works, what it covers, and what to expect.
Why the tariff exists
Before 31 May 2021, whiplash claims were valued case-by-case using the Judicial College Guidelines. The system was criticised for:
- Inflated awards — typical UK whiplash awards were among the highest in Europe.
- Fraud — exaggerated claims and “crash for cash” frauds.
- High cost — solicitor costs often equalled or exceeded the damages.
- Insurance premium impact — motor insurance premiums were driven up by whiplash claims volume.
The Civil Liability Act 2018 was the legislative response. It created the power for the Ministry of Justice to make tariff regulations. The Whiplash Injury Regulations 2021 set the actual bands and figures.
The tariff bands
The tariff fixes general damages by reference to the duration of symptoms:
Accidents on or after 31 May 2025 (current table)
The Whiplash Injury (Amendment) Regulations 2025 (SI 2025/615) increased the tariff by roughly 15% for causes of action accruing on or after 31 May 2025:
| Duration of symptoms | Whiplash only | With minor psychological injury |
|---|---|---|
| Not more than 3 months | £275 | £300 |
| 3–6 months | £565 | £595 |
| 6–9 months | £965 | £1,025 |
| 9–12 months | £1,510 | £1,595 |
| 12–15 months | £2,335 | £2,435 |
| 15–18 months | £3,445 | £3,550 |
| 18–24 months | £4,830 | £4,975 |
Accidents before 31 May 2025
The original 2021 figures still apply where the accident happened before 31 May 2025:
| Duration of symptoms | Whiplash only | With minor psychological injury |
|---|---|---|
| Not more than 3 months | £240 | £260 |
| 3–6 months | £495 | £520 |
| 6–9 months | £840 | £895 |
| 9–12 months | £1,320 | £1,390 |
| 12–15 months | £2,040 | £2,125 |
| 15–18 months | £3,005 | £3,100 |
| 18–24 months | £4,215 | £4,345 |
The “with minor psychological” amounts apply where the claimant has both the soft-tissue injury and minor psychological symptoms (such as travel anxiety) from the same accident.
Beyond 24 months of symptoms, the case is outside the tariff and standard general damages valuation applies.
What “whiplash” means for tariff purposes
The tariff defines “whiplash injury” as a soft-tissue injury sustained by the occupant of a motor vehicle in the upper neck, lower neck, shoulder or back, of a kind sustained in a road traffic accident. Specifically:
- Soft-tissue injury (no fracture, dislocation, severe sprain or tear).
- In the upper or lower neck, upper back, or shoulder.
- Sustained as the occupant (driver or passenger) of a motor vehicle.
- Caused by a road traffic accident.
The tariff does NOT apply to:
- Injuries that are not soft-tissue (e.g. fracture).
- Injuries to other body parts (knee, wrist, lower back if not in the qualifying zone).
- Injuries to pedestrians or cyclists.
- Injuries to motorcyclists (who can have whiplash-type injuries but are outside the tariff).
- Injuries from non-RTA causes.
The 20% uplift
The court has discretion under the Whiplash Injury Regulations 2021 to uplift the tariff figure by up to 20% in exceptional cases. The uplift can be granted where:
- The injury is exceptionally serious within the same duration band.
- There are particular features that warrant a higher award.
- The standard tariff figure would be inadequate.
The 20% uplift is not automatic and has to be specifically justified. With uplift, the maximum tariff award (24-month band, whiplash plus psychological injury, accident on or after 31 May 2025) is £4,975 × 1.2 = £5,970; under the pre-31 May 2025 table it is £4,345 × 1.2 = £5,214.
How the tariff applies in practice
Workflow for a typical whiplash claim:
- 1. Claim notification — through the OIC portal.
- 2. Medical evidence — through MedCo. The expert gives a prognosis: “symptoms will resolve in X months”.
- 3. Tariff applied — the relevant band is identified based on the prognosis duration.
- 4. Settlement — at the tariff figure (with or without uplift, and plus any special damages and any other injury heads).
The tariff is mechanical — once the prognosis is in, the figure is largely determined.
Other injuries alongside whiplash
Where the claimant has whiplash AND other injuries from the same accident:
- The tariff applies to the whiplash element.
- Other injuries are valued separately using the JC Guidelines.
- The overlap rule applies.
- For example, whiplash + minor wrist injury: tariff figure for whiplash + JC Guidelines for wrist – overlap adjustment.
Criticism and impact of the tariff
Critics of the tariff argue:
- Awards are roughly 30-50% lower than pre-2021 valuations for equivalent injuries.
- The mechanical application doesn’t reflect individual circumstances.
- Genuinely injured claimants are under-compensated.
- The wider PI claims industry was destabilised by the reforms.
Supporters argue:
- The tariff has reduced fraud and “crash for cash” claims.
- Insurance premiums have fallen as expected (around £35 per policy per year saving).
- Genuine claimants still receive reasonable compensation, plus special damages and other injury heads.
- Consistency is improved.
The reform was contentious; it’s now bedded in.
Tariff updates and future changes
The whiplash tariff is reviewed periodically, and the first uprating has now happened: the Whiplash Injury (Amendment) Regulations 2025 increased the figures by roughly 15% after the Ministry of Justice found inflation had eroded their real value. The higher table applies where the cause of action accrues on or after 31 May 2025; earlier accidents keep the original 2021 figures.
Frequently asked questions
Why is my whiplash claim worth so little?
The tariff has substantially reduced whiplash compensation values. Pre-2021, a 3-6 month whiplash might have been valued at £1,500-£3,000; under the tariff it is £565 for a current accident (£495 under the pre-31 May 2025 table). The reform was deliberate — Parliament decided to reduce these awards to drive down motor insurance premiums.
Can I get more than the tariff?
Up to 20% extra in exceptional cases. Plus any special damages (lost earnings, treatment, etc.) and any other injury heads beyond the whiplash itself.
What if my whiplash lasts more than 24 months?
Chronic whiplash beyond 24 months is outside the tariff. Standard JC Guidelines apply, which typically result in significantly higher awards — bracket £8,375-£25,395 for moderate ongoing neck symptoms.
Does the tariff apply if I was a passenger?
Yes — both drivers and passengers are covered by the tariff for soft-tissue RTA injuries.
What if my injury is worse than typical whiplash?
If the injury includes elements beyond soft-tissue (e.g. fracture, dislocation, herniated disc), it’s outside the tariff. The full JC Guidelines apply. Medical evidence makes this clear.
Does the tariff apply in Scotland or Northern Ireland?
No — the Whiplash Injury Regulations 2021 apply only to England and Wales. Scotland and Northern Ireland retain case-by-case valuation under their respective legal systems.
Can the tariff be challenged in court?
The tariff is set by statute, so individual challenges are limited. The regulations themselves have been judicially reviewed without success. Within the tariff framework, the 20% uplift is the main avenue for arguing higher figures.
Related guides
- The Official Injury Claim (OIC) portal explained
- MedCo medical reports explained
- General damages explained
- Road traffic accident claims
- Medical evidence in personal injury claims
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