Guidance

Making a personal injury (whiplash) claim

Sets out how to make a low-value personal injury claim if you've been in a road traffic accident (RTA).

From:
Ministry of Justice
Published
5 August 2025

Applies to England and Wales

Overview

You can make a claim for low value road traffic accident (RTA) related personal injury online without the need to go to court or for legal representation.

This applies to claims arising from an RTA valued at less than £5,000. These are usually ‘whiplash claims’.

Making a claim

To make a claim you should:

If you do not have access to, or are unable to use the online service, you can also seek assistance via the Portal Support Centre by calling 0800 118 1631.

  • You may also find the OIC Guide to Making a Claim helpful. You do not need to read the whole guide before making a claim but you can refer to specific parts of it to support you through the process of making a personal injury claim using the OIC service.
  • You can also instruct a solicitor to make a claim on your behalf. You can use the Law Society’s Find a Solicitor service to help you find a solicitor in your area.

Eligibility

The reforms apply to claims arising from RTAs which occur in England and Wales on or after 31 May 2021. Claims arising from RTAs before this date remain subject to the old rules. 

For further details on eligibility and exceptions, visit sections 4.1 and 4.2 of the ‘Guide to Making a Claim’.

Whiplash Reform Programme changes

These changes were made as part of a package of measures under the Whiplash Reform Programme to tackle the high number and costs of whiplash claims, and the impact these have on the cost of motor insurance premiums.

The Whiplash Reform Programme includes the introduction of:

  • a fixed tariff of compensation for whiplash injuries that last up to 2 years. This tariff provides clarity and certainty to claimants about the amount of personal injury damages they will receive for whiplash injuries. Claims for whiplash injuries which occur on or after 31 May 2025 are subject to an uprated tariff. Both tariffs can be found here along with additional guidance on minor psychological injuries.
  •  a ban on settling whiplash claims without medical evidence. The OIC service enables claimants to source medical reports to ensure claims are supported by medical evidence before settlement.
  • an increase to the Small Claims Track limit for RTA related Personal Injury claims from £1,000 to £5,000 via amendments to the Civil Procedure Rules. This means that, where a claim goes to court, the majority proceed through the Small Claims Track, where each party is responsible for paying their own legal costs.
  • the OIC service to enable all claimants, with or without legal representation, to make and settle their own claim.

Options if you cannot settle your claim in the OIC Service, or a dispute arises

The aim of the OIC service is to help avoid or reduce the need to go to court. However, if you have tried to settle your claim through the service but are still not content, you can ask the court to determine your claim.

The service is designed to support some elements of the process for going to court, for example, preparation of the forms for court. Other court processes sit outside the portal. You should also note that if you win in court, your claim may be re-opened on the portal.

For further details of the court process, section 6.6.3 of the ‘Guide to Making a Claim’ includes relevant guidance on ‘going to court’. Read the guidance on how court fees apply to these claims.

Supporting information

The ‘Guide to Making a Claim’ is designed to support claimants when making a personal injury claim using the OIC portal. The guide explains the key terms and procedures used in the legal framework that underpins this service - the RTA Small Claims Pre-Action Protocol. It also details what can be claimed for and describes the steps involved, as well as providing more information about the underlying legislation (for example, the Pre-Action Protocol). You do not need to read the entire guide before making a claim, but it has been designed for users to refer to if they require additional support of parts of the process.

You can also contact the Portal Support Centre on 0800 118 1631 which is open from 9am to 5pm on weekdays, excluding bank holidays.

Two further guides are also available for users to help them navigate the new online system and, where necessary, the court process. These are:

 The OIC Help Hub also provides further information.

If you wish to find out more about the service you can visit the official OIC website, X, Facebook, LinkedIn or YouTube.

Updates to this page

Published 5 August 2025

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