The whiplash tariff and guidance on minor psychological injuries
Published 5 August 2025
Applies to England and Wales
The Ministry of Justice introduced the whiplash tariff on 31 May 2021. It is a fixed tariff of compensation for road traffic accident (RTA) related whiplash injuries lasting up to two years. The tariff consists of an ascending scale of fixed sum payments, with the appropriate tariff figure for any given claim being determined by the prognosis (duration) of the whiplash injury.
The tariff bands are 0-3 months, 3-6 months, 6-9 months, 9-12 months 12-15 months, 15-18 months and 18-24 months. More serious whiplash injuries exceeding 24 months in duration are not subject to the tariff and are still issued in the same way as prior to the reforms. Claims for whiplash injuries that last longer than two years fall outside of the fixed tariff.
The tariff is split, and claims can either be made for whiplash injury only or for a whiplash and minor psychological injury (such as low-level travel anxiety or occasional loss of sleep). The compensation a claimant is entitled to depends on the prognosis period for their injury, this is the period of time a medical expert believes the effects of the injury will last. The prognosis period for any whiplash injury must be set out in a supporting medical report. There are currently two different tables of tariffs in operation. The tariff in table 1 (below) applies to injuries incurred in accidents that occurred between 31 May 2021 and 30 May 2025. However, following a statutory review a revised tariff applies for injuries related to accidents occurring on or after 31 May 2025 (see table 2 below).
Table 1: tariff for whiplash injuries occurring between 31 May 2021 and 30 May 2025
Duration of Injury | Whiplash Only | Whiplash and Minor Psychological Injury |
---|---|---|
Not more than 3 months | £240 | £260 |
More than 3 months, but not more than 6 months | £495 | £520 |
More than 6 months, but not more than 9 months | £840 | £895 |
More than 9 months, but not more than 12 months | £1,320 | £1,390 |
More than 12 months, but not more than 15 months | £2,040 | £2,125 |
More than 15 months, but not more than 18 months | £3,005 | £3,100 |
More than 18 months, but not more than 24 months | £4,215 | £4,345 |
The Whiplash Injury Regulations 2021 which set the tariff above can be found here.
Table 2: Tariff for whiplash injuries occurring on or after 31 May 2025
Duration of Injury | Whiplash Only | Whiplash and Minor Psychological Injury |
---|---|---|
Not more than 3 months | £275 | £300 |
More than 3 months, but not more than 6 months | £565 | £595 |
More than 6 months, but not more than 9 months | £965 | £1,025 |
More than 9 months, but not more than 12 months | £1,510 | £1,595 |
More than 12 months, but not more than 15 months | £2,335 | £2,435 |
More than 15 months, but not more than 18 months | £3,445 | £3,550 |
More than 18 months, but not more than 24 months | £4,830 | £4,975 |
Guidance on ‘minor psychological injury’
Minor psychological injury is not defined in legislation and its application in relation to whiplash injuries stems from the common (case) law. However, since the implementation of the whiplash reforms stakeholders have requested additional clarity on what constitutes a minor psychological injury.
The following is not legal advice, and should not be considered as such, but it is intended to provide greater clarity. In general, a minor psychological injury, under the whiplash tariff is one which:
- is suffered on the same occasion as the physical whiplash injury,
- is secondary in significance to the physical whiplash injury, and
- falls short of being diagnosed as a specific phobia or diagnosable psychological disorder.
As set out by both Pre-Action Protocols relating to Personal Injury Claims for Road Traffic Accidents, it is expected that only one medical report will be required to settle a whiplash injury claim.[footnote 1] This initial report, including an assessment of minor psychological injury, should be sufficient as evidence for this injury. All medical experts who have been accredited by MedCo are expected to be able to diagnose minor psychological damages for the purposes of application of the whiplash tariff.
A second report would normally only need to be sourced if there is a more significant diagnosable psychiatric injury – which goes beyond ‘minor psychological injury’ – as described in Chapter 4 of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases (JCG).
With regards to whiplash related medical reports, the costs that can be claimed back (‘recoverable’) are set at fixed rates. These rates were last uplifted on 6 April 2025 and can be found in the Civil Procedure Rules 45.62. Claimants should note that the maximum amount recoverable for expert fees in the small claims track is £750, as described in Practice Direction 27A 7.3.
For both ‘whiplash only’ and ‘whiplash with minor psychological injury’ parts of the tariff, the value of the claim will be based on the duration of the whiplash injury irrespective of the length of the minor psychological injury component. The JCG clarifies that, whereas an injury defined as minor is usually one where there is a complete recovery in three months, minor psychological injuries such as travel anxiety may include those whose symptoms endure for more than three months. Claims solely in respect of shock of travel anxiety in the absence of physical or recognised psychological injury will not attract an award of compensation.[footnote 2]
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Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents, Paragraph 7.4(4), and Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents from 31 July 2013, Paragraph 7.8B ↩
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Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases, Chapter 14 ↩