In 2021 the amount that could be claimed for whiplash injuries (soft tissue injuries to the neck, shoulder and back) lasting two years or less was considerably reduced from the previous amounts. The amount that can be recoverable for these whiplash type injuries is now less than £5,000 and these injuries now fall into the Small Claims Court bracket. This means that a Claimant who has suffered whiplash type injuries lasting two years or less, will not be entitled to have their costs payable by the Defendant if the Claimant is successful. Many Claimants choose to submit claims themselves on the Small Claims Portal, but without legal assistance as a result, the number of whiplash type claims submitted has reduced considerably.
An issue arose when the Claimant sustained both whiplash type injuries and also injuries to other parts of the body and the Defendant insurers maintained that the Claimant could only recover the fixed amount set for the whiplash injuries and not for any other non-whiplash injuries.
The Supreme Court recent held in the case of Hassan -v- Rabot that the Claimant should be entitled to recover full compensation for the non-whiplash injuries and therefore the correct manner in deciding the amount to be payable is to assess the amount for the whiplash injury plus the additional payment for the non-whiplash injury. A Judge would then “step back” and make a deduction to avoid overcompensation.
This is an important decision for Claimants as it ensures that any non – whiplash injuries sustained as a result of a road traffic accident should be fully compensated.
Richard Hopkin
Personal Injury Solicitor
APIL Senior Litigator, Law Society Personal Injury Accredited