What is whiplash?
Whiplash is a soft-tissue injury to the neck, back or shoulder, usually caused by the head being thrown forwards and back in a collision. It's especially common in rear-end accidents.
Symptoms often appear hours or a day after the accident, not straight away.
- Neck pain & stiffness
- Headaches
- Shoulder or upper-back pain
- Dizziness
- Difficulty sleeping
If you notice any of them, see your GP or call NHS 111, and make sure your records say the injury came from a car accident.
How is whiplash compensation worked out?
Since 31 May 2021, whiplash injuries lasting up to two years have been valued using a fixed tariff under the Civil Liability Act 2018. The amount depends on how long your symptoms last, as confirmed by a medical report, and whether you also had a minor psychological injury such as travel anxiety.
What about my other losses?
The tariff only covers the pain and suffering from the whiplash itself. You can usually also claim your out-of-pocket losses on top, such as:
Lost earnings while you were off work
Prescriptions, physiotherapy and travel to appointments
Your policy excess and other vehicle-related costs
Other injuries, such as a broken wrist or a knee injury, aren't on the tariff. They're valued in the normal way, using court guidelines and past cases.
What is Official Injury Claim?
Official Injury Claim (OIC) is a free online service, run on behalf of the Ministry of Justice, for lower-value road traffic injury claims. It was designed so people can make a claim without a solicitor, though you can still choose to use one.
The service guides you through getting a medical report. Claims can't be settled without medical evidence.
You'll normally use it if all of these apply:
- The accident happened on or after 31 May 2021, in England or Wales
- You were 18 or over at the time
- You were in a vehicle, as a driver or passenger
- Your injury claim is worth less than £5,000, and your whole claim, including losses such as lost earnings or vehicle damage, is worth less than £10,000
- You believe the accident wasn't your fault
Who can't use Official Injury Claim?
The service isn't for:
Pedestrians, cyclists, motorcyclists and their pillion passengers, and horse riders
Children under 18
Adults who lack the mental capacity to manage their own claim
Claims where the injury is worth £5,000 or more
These claims follow the standard personal injury process instead, usually with a solicitor.
Do I need a solicitor for a whiplash claim?
You don't have to use one. The OIC service is built for people representing themselves.
Because legal costs are generally not recoverable from the other side in these lower-value claims, a solicitor's fee may come out of your compensation. NJS Law will explain their fees clearly, in writing, before you agree to anything.
How long do I have to claim?
Generally three years from the date of the accident, with different rules for children. Our guide to injury time limits explains the exceptions.
How Back on the Road UK can help
Back on the Road UK is a trading style of NJS Law Limited, a firm of solicitors regulated by the Solicitors Regulation Authority. If you were hurt in a non-fault accident, the solicitors at NJS Law can handle your injury claim alongside the repairs and replacement vehicle we arrange, so you only tell your story once.
Call us free on 0800 820 3860 or send us your details online.
Frequently asked questions
What is the whiplash tariff?
A fixed scale of compensation, set by law, for whiplash injuries lasting up to two years. The amount depends on how long symptoms last and whether there was also a minor psychological injury.
Can I use Official Injury Claim if I was a passenger?
Yes, if you were 18 or over, the accident was on or after 31 May 2021 in England or Wales, and your injury claim is worth less than £5,000.
Can cyclists or motorcyclists use Official Injury Claim?
No. Pedestrians, cyclists, motorcyclists and horse riders are excluded and follow the standard claims process.
Do I need a medical report for a whiplash claim?
Yes. Whiplash claims can't be settled without medical evidence, and the OIC service helps you get a report.
Back on the Road UK is a trading name of NJS Law Limited, registered in England and Wales, company number 15170704. NJS Law Limited is authorised and regulated by the Solicitors Regulation Authority, SRA number 8006550. This guide gives general information for England and Wales only and does not constitute legal advice.