Whiplash settlements
in England.
For road traffic whiplash injuries on or after 31 May 2025, pain and suffering damages come from a fixed tariff: £275 for up to three months, rising to £4,830 for 18 to 24 months, or £300 to £4,975 with minor psychological injury. In 2024 the Supreme Court set the method for claims that also include other injuries, and in 2026 the Court of Appeal held a claim that left the RTA Protocol was still limited to fixed costs.
Facts that decide a whiplash claim in England
| The tariff | Table 2 (injuries from 31 May 2025): £275 up to 3 months, £565 to 6, £965 to 9, £1,510 to 12, £2,335 to 15, £3,445 to 18, and £4,830 for 18 to 24 months.Whiplash Injury Regulations 2021, reg 2, as amended by SI 2025/615 |
|---|---|
| Small claims track | A road traffic injury claim with injury damages of £5,000 or less normally goes to the small claims track.CPR 26.9 |
| Contributory negligence | Your own fault does not defeat the claim; damages are “reduced to such extent as the court thinks just and equitable” for your share.Law Reform (Contributory Negligence) Act 1945, s 1(1) |