What Is The Minimum Whiplash Payout?

By Stephen Kane. Last Updated 5th March 2024. You may be wondering, ‘How much do you get for a whiplash claim?’. In this guide, we look at the eligibility requirements to make a road traffic accident claim for whiplash injuries.

If you are seeking compensation for Whiplash, you may need to make your claim in a different way as per changes brought about by the Whiplash Reform Programme. We look at the changes introduced by the whiplash reforms in more detail throughout our guide as well as how they could influence the whiplash payout you could receive. 

If you have valid grounds to make a personal injury claim following a car accident, you may wish to instruct a solicitor. We conclude this guide with a look at the benefits of claiming with the support of a No Win No Fee solicitor. 

If you have any questions regarding the average whiplash claim amount or if you would like to get a compensation claim started, our advisors are available around the clock with free advice. 

To speak to an advisor:

Injured woman in car accident holds neck in pain due to whiplash

Select A Section

  1. What Is The Minimum Whiplash Payout?
  2. Eligibility Criteria When Making Whiplash Compensation Claims
  3. Evidence That Could Support A Whiplash Claim
  4. How Long Do I Have To Claim A Whiplash Payout?
  5. Whiplash Injury Compensation – Claim With A No Win No Fee Solicitor
  6. Minimum Whiplash Payout Claims Information

How Much Is Compensation For Whiplash Worth?

You might be wondering, ‘How much compensation could I receive for whiplash following a car accident?’ The exact method you can receive compensation will depend on how severe your neck injury is deemed to be and the value of it.

The Whiplash Reform Programme

Following the implementation of the Whiplash Reform Programme (WRP), the process of how certain low-valued road traffic accident claims are made in England and Wales changed. You will now need to make your claim via a different avenue if you are over the age of 18 and suffered whiplash injuries valued at £5,000 or less as a driver or passenger of a vehicle.

When making your minor whiplash claim, the amount of compensation you receive will be valued in accordance with the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts, and we have provided some examples of these in the table below.

Claiming For A Whiplash Injury Under General Damages

Any additional injuries you have suffered that are not covered by this tariff, you will make your claim via the traditional route. If you make a successful personal injury claim, you will be awarded general damages. This head of claim compensates you for the pain and suffering your injuries have caused you.

The Judicial College Guidelines (JCG) is a document many legal professionals will use to help them when valuing this head of claim. This is because the JCG provided a list of guideline compensation brackets for various injuries. In the table below, we have included some of the amounts listed in the 16th edition of the JCG, except for the first and last two entries. Please note that these figures should only be used as a guide, as how much compensation you could receive will be affected by the factors of your case.

Type of Injury Severity Description Amount of Compensation
Multiple Serious Injuries With Special Damages Severe Compensation for multiple injuries that are severe, including both physical and mental injuries, plus their special damages such as lost wages and medical expenses. Up to £200,000+
Neck Severe (i) A severe neck injury that is associated with incomplete paraplegia, or results in permanent spastic quadriparesis, or the person has very little neck movement despite wearing a collar for 24 hours a day for a few years. In the region of £148,330
Neck Severe (ii) Serious fractures or disc damage in the cervical spine that cause disabilities such as permanent brachial plexus damage. £65,740 to £130,930
Neck Severe (iii) Fractures, dislocations, severe soft tissue damage or ruptured tendons leading to chronic conditions. £45,470 to £55,990
Neck Moderate (i) Dislocations or fractures that cause severe and immediate symptoms that could lead to spinal fusion. £24,990 to £38,490
Neck Moderate (ii) A wrenching-type injury and severe disc lesions that result in limited movement and cervical spondylosis. £13,740 to £24,990
Neck Moderate (iii) Injuries like this could accelerate or exacerbate a pre-existing medical condition, usually less than five years. £7,890 to £13,740
Neck Minor (i) A soft tissue injury that fully recovers within one to two years. £4,350 to £7,890
Whiplash Tariff Whiplash Injury With A Psychological Injury Symptoms lasting 18-24 months. £4,345
Whiplash Tariiff Whiplash Injury Only Symptoms lasting 18-24 months. £4,215

If you have any questions regarding whiplash claims and how much compensation you could potentially receive, do not hesitate to contact our advisors. They could also help you answer any specific questions you may have, such as ‘How much is the average whiplash claim in the UK worth?’

What Is The Whiplash Payout For Special Damages?

In addition to general damages, you may also need to make a claim for special damages. These are any costs or financial losses that you’ve incurred as a result of your whiplash injuries. As with general damages, expenses will vary from case to case, but you could ask for:

  • Travel-related expenses. Travelling to and from medical appointments can incur costs. Therefore, you may be able to claim back expenses like fuel, parking or public transport costs so long as they’re a consequence of your injuries.
  • Medical expenses. Any treatment you need will usually be performed for free by the NHS. However, it is possible that you may have to cover the cost of prescriptions, non-NHS services and over the counter medication like painkillers.
  • Care costs. In some cases, you may need a carer to help you with your daily activities until you recover. If that’s the case, you could claim for any related expenses. For example, an hourly rate could be calculated for the time a relative spent caring for you.
  • Adaptations to your home or vehicle. In more serious whiplash claims, you might need to adapt your home to help you cope with a disability. If that is true, the cost of those changes could be added to your claim.
  • Lost earnings. When you lose income because of your injuries, you could claim them back. That could be the case if you have taken unpaid time off to recover or to attend a medical appointment.
  • Future lost earnings. If your injury causes long-term symptoms that affect your ability to work, you could claim for future lost income too. The amount paid will be based on your age, salary and job prospects. 

To find out more about what special damages you could claim for in your whiplash compensation claim, please call our team of specialist advisors today.

Woman holding neck in pain due to whiplash after a car accident

Eligibility Criteria When Making Whiplash Compensation Claims

All personal injury claims for whiplash must be able to meet the following criteria for the claim to be valid:

  1. Another road user owed you a duty of care.
  2. This road use then breached their duty of care.
  3. As a result of this, you suffered an injury, such as whiplash. Altogether, this is known as negligence.

Under the Road Traffic Act 1988, road users owe each other a duty of care. Per this duty, they must use the roads in a way that avoids causing harm to themselves and others. Furthermore, they must follow the specific rules set out for them in the Highway Code to promote road safety.

If another road user were to breach this duty of care, this could cause you to suffer an injury, such as whiplash, in a car accident, and you could be legally entitled to make a whiplash claim. Later in this guide, we will discuss how the process of certain road traffic accident claims has changed with the introduction of the Whiplash Reform Programme.

To find out if you could be eligible to make a personal injury claim or if you have any questions about whiplash injury claims, you can contact our advisors.

Evidence That Could Support A Whiplash Claim

Payouts for whiplash are unlikely to be awarded unless you have sufficient evidence to support your claim. You will need to prove third party negligence caused you injury. A personal injury lawyer specialising in car accident claims could help you gather evidence.

Accident evidence could include:

  • Photographs of the scene.
  • Dashcam or CCTV footage of the car accident.
  • A police report.
  • Photographs of damage to your vehicle.
  • Witness contact details so that they could provide a statement about the car accident.

Injury evidence could include:

  • Medical evidence, such as your medical records stating your neck injury.
  • Photographs of visible injuries.

Call our advisors to discuss whiplash payouts and what evidence you will require to claim. Alternatively, keep reading for information on the whiplash payout scale in the UK found in the Whiplash Injury Regulations 2021.

If you would like our advisors to carry out a free assessment of your case, please call the number above today. Our team will advise you about your options and could pass the claim seeking financial compensation to a personal injury lawyer from our panel.

How Long Do I Have To Claim A Whiplash Payout?

Previously we shared some examples of the compensation amounts you could receive following a successful claim. However, when claiming compensation for whiplash, or any other injury, after a road traffic accident, you must ensure that you make your claim within the relevant time limit. This time limit can be found in the Limitation Act 1980 and is generally 3 years from the date you were injured.

However, certain exceptions can be made to this time limit for minors and those who lack the mental capacity to claim as they are unable to pursue a claim themselves.

Minors will have 3 years to start their claim once they turn 18. Before this point, the time limit is suspended, and a litigation friend could claim on their behalf. A litigation friend is usually appointed by the court and could be a solicitor or family member, such as a parent.

The time limit is also suspended for those who lack the mental capacity to make a claim for themselves. Again, a litigation friend could claim on their behalf. However, if they were to regain this mental capacity, they will have 3 years to start their claim.

Contact our advisors today if you have any questions about the personal injury claims time limit or about claiming whiplash compensation in the UK. Our advisors are here to answer your questions and offer you free legal advice.

Woman recovering from neck injury and a man looking at a claim form

Whiplash Injury Compensation – Claim With A No Win No Fee Solicitor

If you are eligible to seek a whiplash claim payout, then you may consider working with a No Win No Fee solicitor. All of the No Win No Fee solicitors on our panel can work with you in this manner if you have a valid claim.

There are different types of No Win No Fee contracts, one of which is called a Conditional Fee Agreement (CFA). As per the terms of a CFA, you typically won’t pay a fee for their services:

  • Upfront
  • While the claim proceeds
  • If the whiplash claim fails

If you are awarded compensation, you will pay a success fee from your award. This is capped by legislation.

Get in touch with our advisors today to find out how much whiplash compensation you could be owed for your whiplash injuries and learn whether a solicitor from our panel could represent your case. You can reach them using the following methods:

Solicitor and client at desk discuss a car accident claim

Minimum Whiplash Payout Claims Information

Hopefully, you now understand whether you’re able to make a whiplash claim or not. In the final section of this article, we have added some resources that may come in useful if you’re aiming to claim whiplash injury compensation.

  • The Highway Code – the rules of the road in England, Scotland and Wales.
  • Brake – The Road Safety Charity – a UK charity that aims to improve road safety and support those who’ve been seriously injured in crashes.
  • Shoulder Pain – advice on managing shoulder pain from the NHS.
  • As Advice.co.uk supports many different types of compensation claims, we’ve listed some additional guides below:
  • Concussion Claims – details of when you could make a claim for compensation if you suffer a concussion during an accident caused by somebody else.
  • Pothole Accident Claims – a guide about claiming for injuries sustained in accidents caused by potholes.
  • Work-related Stress – details on when you might be able to seek compensation if you’ve suffered due to stress at work.

Other Useful Compensation Guides

To learn more about how much you could claim for whiplash following a successful car accident claim, contact our advisors.