Guidance

Whiplash reform programme: frequently asked questions

Published 26 April 2021

Applies to England and Wales

This page answers some frequently asked questions relating to the whiplash reform programme applicable to road traffic accident-related personal injury claims in England and Wales.

General

What is the whiplash reform programme?

The whiplash reform programme is a set of measures that changed the claims process for low value road traffic accident (RTA) related whiplash injuries. They include increasing the small claims track limit for RTA personal injury claims from £1,000 to £5,000, requiring medical evidence before a claim can be settled where there is a whiplash related injury, and introducing a fixed tariff of compensation for whiplash injuries.

When did these reforms come into force?

The whiplash reform programme was implemented between on 31 May 2021, and apply to whiplash claims resulting from accidents which occur on or after that date.

How do I find out more about making a whiplash claim?

You can find information on how to make a whiplash claim via the Official Injury Claim (OIC) service on our guidance page. This includes a helpful leaflet covering the Five Steps to using the Online OIC Service. In addition, you can visit the OIC website which hosts a breadth of resources including a Help Hub, a detailed Guide to Making a Claim and links to various audio-visual guides on the OIC YouTube channel.

The insurance industry stands to save a lot from these reforms, how can we be sure that savings are being passed on to consumers through lower premiums?

The Civil Liability Act 2018 contained a statutory requirement on insurers to provide information to the Financial Conduct Authority (FCA) on how they passed on savings. The Civil Liability Act 2018 also required HM Treasury to prepare a report based on the FCA analysis by 1 April 2025, giving a view on whether and how policyholders have benefitted from the reforms. This report was published on 27 March 2025.

Official Injury Claim (OIC) portal

What is the OIC portal?

The OIC portal is a free online service, built and operated by the Motor Insurers’ Bureau (MIB), which supports individuals to make a low-value personal injury claim for compensation following a road traffic accident, with or without legal representation.

Does the Ministry of Justice (MoJ) run the OIC Portal?

The OIC portal was developed and is operated by the MIB on behalf of the MoJ. The MIB operates a number of services which support the insurance sector and is funded by a levy on all motor insurance providers operating in the UK. The MoJ works closely with the MIB to monitor the service and ensure that the service operates fairly for all who need to use its services.

How can claimants make their claim without the help of a lawyer?

The OIC portal has been developed to support both represented and unrepresented claimants in making a personal injury claim. The MIB has produced the ‘Guide to Making a Claim’ specifically tailored to help unrepresented claimants. For additional queries relating to the OIC portal, claimants can refer to the OIC Help Hub or contact the Portal Support Centre.

What is the Pre-Action Protocol (PAP)?

The Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) describes the behaviour expected from both parties before starting proceedings. It provides a process to help parties reach a fair settlement pre-court, and also deals with the first steps they should take if they need to start court proceedings.

How will an unrepresented claimant understand the RTA Small Claims Protocol?

The OIC portal has been carefully designed to mirror the requirements of the RTA Small Claims Protocol. This means that claimants who process their claim through OIC will automatically meet its requirements. The ‘Guide to Making a Claim’ available on the OIC website provides additional guidance for claimants, and the telephone Portal Support Centre can also provide support on the process of making a claim.

How can I access the Guide to Making a Claim?

It is available here and on the OIC web resources page. It is worth noting that you do not need to read the entire guide before making a claim and only need to refer to it if you require additional support with a part of the process.

Is OIC accessible and inclusive?

The OIC portal has been built to make the new claims process as inclusive and accessible as possible. More information can be found on the Accessibility and Inclusion Resources page.

Is information on the OIC website available in other languages?

The website is available in English and Welsh. Translation services are available from the OIC customer contact centre in the following languages: Arabic, Bangla, Bulgarian, Persian, Polish, Portuguese, Romanian, Slovak, Spanish and Urdu.

What if a claimant does not have access to a computer?

Claimants who are unable or do not wish to use the system may also seek assistance from the dedicated telephone support centre. More information on OIC’s Contact Support Centre can be found here.

Valuation of whiplash claims

When can the OIC portal be used to make a claim?

Whether you can make a claim through the portal depends on the value of the claim. You can use the OIC portal if:

• you are making a personal injury claim up to £5,000; or
• the value of your claim (including your personal injury claim and other protocol damages) is not more than £10,000.

How can a claimant assess the value of their claim?

The ultimate value of an injury claim cannot be known with certainty at the start of a claim. Claimants will be assisted by the OIC portal and the Guide to help them understand what level of tariff may apply. The medical report will also help an unrepresented claimant understand the value of their injuries.

The Appendix of the Guide also links to relevant extracts from the Judicial College Guidelines (used by judges to assess the value of a claim) to help claimants estimate the potential value of their claim at an early stage.

The whiplash tariff

What is the whiplash tariff?

The whiplash reform programme introduced a fixed tariff of compensation for road traffic accident related whiplash injuries that last up to two years.

The tariff provides claimants with clarity, predictability and certainty as to the value of their claim and the levels, set by the Lord Chancellor, ensure that proportionate compensation is paid and that costs are controlled.

Are the tariff figures reviewed?

The tariff was first set in 2021 for whiplash injuries occurring on or after 31 May 2021. The Civil Liability Act 2018 requires the MoJ to review the tariff within three years of its implementation, and then within every three years after that.

The first review was completed on 22 May 2024. The Lord Chancellor’s report on the review can be read here. The review recommended increasing the original tariff amounts by around 15%. Having received Parliamentary approval, the increased tariff values apply to road traffic accidents occurring on or after 31 May 2025. The next review is due by 22 May 2027 and the outcome of this will be published on GOV.UK once available.

Can a claimant’s tariff award be uplifted by any other means?

The Civil Liability Act 2018 gives judges the discretion to uplift the relevant tariff figure by up to 20% in exceptional circumstances. The meaning of ‘exceptional’ is determined by the courts based on the facts of each case.

What constitutes a ‘minor psychological injury’?

Under the whiplash tariff, a minor psychological injury 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 disorder.

Further guidance on ‘minor psychological injury’ and its application can be read on the ‘Whiplash Tariff’ page on GOV.UK.

What if a whiplash prognosis ‘stretches across’ two tariff bands?

In the event of a prognosis spanning multiple tariff bands, the higher tariff value applies.

Mixed tariff cases

What is a mixed tariff case?

Mixed tariff cases are when you have suffered a whiplash injury along with a non-whiplash injury or injuries to another part of your body. In these circumstances, the tariff will apply to the whiplash injury only, and the other injuries will need to be valued separately. Information on how to do this can be found in the detailed ‘Guide to Making a Claim’.

What is the approach for resolving mixed tariff cases?

Section 3(8) of the Civil Liability Act 2018 provides that, where a claimant suffers injuries in addition to a whiplash injury, the court is not prevented from awarding damages that reflect the combined effect of the injuries sustained.

The courts will need to determine how mixed injuries are addressed and we are confident that judicial expertise can resolve these cases on a day-to-day basis. The 2024 Supreme Court case Hassam v Rabot set precedent for judges to ‘step-back’ and assess whether the total award represents double counting to ensure proportionate compensation.

Can the OIC Portal be used to claim for mixed injuries?

Yes. The RTA Small Claims Protocol and OIC portal are designed to be used for mixed injuries or even non-whiplash injuries on their own, provided the overall value of the injury element does not exceed £5,000. For higher-value claims, the Claims Portal may be the right place to start a claim and if you believe your claim to be worth more than £5,000 you should seek legal advice on your options.

Non-whiplash injuries

How can I make a claim for non-whiplash injuries?

If your injuries do not include a whiplash injury, then the whiplash tariff (explained above) does not apply to you. You should still use the OIC portal to make your claim provided the personal injury element is under £5,000 and the total value of the claim is under £10,000. Further information on how to do this can be found the OIC ‘Guide to Making a Claim’.

What help is available to value a non-whiplash injury?

The appendix of the OIC ‘Guide to Making a Claim’ contains relevant helpful extracts from the ‘Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases’. This is a book used by lawyers and judges to help assess the value of a claim which has suggested compensation levels for a range of injuries. The amounts included in this publication are only guidelines and the full circumstances of the accident should be considered when assessing the value of your injuries.

Medical reports

Do I need medical report to make a whiplash claim?

Yes, it is a legal requirement that claimants need to provide evidence of their injury in the form of a medical report from an accredited medical expert, who will assess their injury and write a medical report. The insurance company of the at-fault driver are unable to make you an offer to settle your claim without this medical evidence.

What is MedCo?

MedCo is the system used to manage the sourcing of independent medical reports for claims brought under the RTA Small Claims Protocol. Medical experts must register with MedCo to provide medical reports for low-value road traffic accident-related personal injury claims. The OIC portal is fully integrated with MedCo so unrepresented claimants can easily identify suitably accredited experts and obtain medical reports as necessary for their claims. More information about MedCo can be found here.

Can I get a medical report from any expert?

The OIC portal will provide you with a list of MedCo-accredited medical report providers based on your needs. Experts obtained through this process are independent and verified to ensure the quality of the report. You cannot use your own GP or otherwise bypass the medical experts allocated via the MedCo system.

How can unrepresented claimants find a medical expert and obtain a report?

The OIC portal is fully integrated with MedCo. Once a liability decision has been received by the at-fault insurer, the OIC portal will provide unrepresented claimants with a list of medical report providers to choose from. Claimants can then proceed through the system to obtain their report. If the at-fault insurer has accepted any portion of liability they will also pay for the report.

It is important that claimants contact medical report providers before making a selection, to ensure that they are suitable and have availability to undertake the medical examination and report.

How can unrepresented claimants understand their medical report?

MoJ has worked closely with MedCo to ensure that medical reports are presented in an accessible and user-friendly format, whilst also including all necessary information on the claimant’s injuries and prognosis. The report provider also has an obligation to upload the relevant information from the medical report to the OIC portal where the claimant may review and decide whether to accept it. Claimants may challenge and suggest changes to factual elements of the report (e.g. to update an incorrect address) but cannot challenge the medical expert’s clinical opinion or prognosis.

Providers of medical reports are also subject to additional requirements to ensure that unrepresented claimants are fully supported through the medical report process.

What happens if the first medical report says they need a second expert?

The presumption is that most claimants will only need one report. However, medical experts are required to provide information on the type of specialist required if they recommend an additional report. The process also allows for the claimant to source their own second medical report, or the at-fault insurer may help the claimant to arrange the second report where one is justified.

Will medical experts know the whiplash tariff bands?

Yes, medical experts are aware of the different bands. We engaged with MedCo when setting the whiplash tariff and the necessary training was provided to experts and medical report providers.

Is it possible to get a medical report before submitting a claim on the OIC portal?

An injured claimant should seek treatment if they need to but should not seek a medical report before submitting their claim. The Pre-Action Protocol discourages this and doing so may ultimately lead to sanctions under Rule 45.29 of the Civil Procedure Rules for not using the relevant portal process.

Who pays for the medical report(s) when the claim is brought by the unrepresented claimant?

If the at-fault insurer has accepted any portion of liability, they will pay for the report which is uploaded and relied upon by the claimant. The process for unrepresented claimants to obtain their report is explained above.

If the claimant receives a 100% denial of liability, they may need to seek advice on the viability of their claim and will need to consider how best to source evidence to support their claim. Practice Direction 27B makes clear that liability may be determined by the court without recourse to a medical report. If the compensator is held by the court to be liable, then a report will be obtained.

Exactly when payment is made is a commercial decision between the report provider and the at-fault insurer, and as such it is not appropriate for the MoJ to advise on this issue.

Rehabilitation and credit hire

How will unrepresented claimants access rehabilitation if they need it?

Claimants cannot use the OIC service to directly access rehabilitation services, but OIC will provide them with information on rehabilitation and the options for obtaining it. The at-fault compensator will usually offer rehabilitation where appropriate and if a claimant has incurred rehabilitation charges, even on credit, they may be added to their claim on OIC as non-protocol vehicle costs (NPVC). More information on the NPVC process is included in the ‘Guide to Making a Claim’ document.

Is credit hire part of the service provided by OIC?

Settling the cost of a replacement vehicle supplied to a claimant on credit terms, often called credit hire, is not formally part of the OIC process. We expect that the majority of these claims will continue to be settled separately via industry agreements as they were before the reforms. However, we have ensured that the rules, OIC portal and guidance have a supportive procedure to help claimants if they need to add credit hire or other costs to their personal injury claim before entering the court process. More information on this process is included in the ‘Guide to Making a Claim’ document.

Data and governance

What data is available about how the OIC is performing?

The OIC portal captures a significant amount of data which is published on a quarterly basis on the OIC News page.

How is the MoJ monitoring the operation of the OIC portal?

The MoJ regularly monitor the operational data published by the OIC to better understand how it is operating and to identify any behavioural or other trends. Additional engagement with stakeholders takes place via regular meetings of the Official Injury Claim Advisory Group (OICAG). More information on OICAG can be found here including the minutes from the meetings.

Is there any published data on the operation of the OIC portal?

Data on the operation of the OIC portal is available here. Updated data is published on a monthly and quarterly basis. The statistics presented in this publication are generated by the OIC portal and are currently published on the OIC website.

Other relevant and contextual data related to the personal injury claims process is also available from other sources such as:

• DWP Compensation Recovery Unit
• Claims Portal
• HM Courts and Tribunals Service
• MedCo

Accessing the courts

What happens if the insurer does not accept liability?

The vast majority of claims under the RTA Small Claims Protocol settle without the need to progress to court. However, there will be occasions when insurers do not accept liability or there is a disagreement as to how much compensation should be paid. In these situations, claimants can resolve their disputes through Practice Direction 27B, a bespoke process to enable individuals to go to court to resolve liability and other disputes.

What happens to the information about my claim if I need to go to court?

The OIC portal was designed to help claimants progress and settle their claim. If parties are unable to reach a settlement, the portal will use the information claimants have inputted about their claim to prepare a court claim form which can be printed off and sent to the court. It also creates the court pack that can be used to issue proceedings at different stages of the process, should this be necessary. A claimant may, for example, issue a claim early on to resolve liability, but then come back into the portal to continue with their claim.

What fees apply if a claim goes to court?

Information on what fee is payable when starting court proceedings can be found here: Court Fees Update.

What if a claimant needs help with paying court fees?

Depending on the claimant’s financial circumstances, it may be possible to get help with paying a court fee. Claimants can check their eligibility and apply for help with fees online or use the paper-based route to apply at the court handling their claim. This process is separate from the OIC portal. 

Can I be kept informed about any changes in this area?

If you would like to receive stakeholder alerts from MoJ in relation to these reforms, please send an email request to whiplash-reform-team@justice.gov.uk.