No new whiplash-compensation law took effect in August 2026. The current change remains the May 2025 tariff increase, while a broader government review is still underway. Here, the whiplash tariff means fixed pain-and-suffering awards for qualifying road-traffic injuries lasting no more than two years in England and Wales. The Ministry of Justice's 18 August 2026 update said review responses had been analysed and a report was targeted for summer.
Table of Contents
- Which tariff applies now?
- Who can use the Official Injury Claim portal?
- How are mixed-injury claims valued?
- What should a claimant check now?
- What should readers watch next?
Which tariff applies now?
claims arising on or after 31 May 2025 use the increased statutory amounts. The 2025 regulations set awards from £275 to £4,830 for whiplash alone. Where whiplash accompanies a qualifying minor psychological injury, the range is £300 to £4,975. The applicable figure within either range depends on the injury's duration.
The increase was roughly 15% and reflected inflation. According to the Ministry of Justice's explanatory memorandum, it changed the amounts but not the tariff structure, medical-evidence rules, or underlying claims framework. The statutory tariff covers qualifying whiplash lasting up to two years. Longer-duration whiplash falls outside it, making the medical assessment especially important when symptoms may approach that boundary.
Who can use the Official Injury Claim portal?
A claimant may use the free Official injury Claim portal with or without a lawyer when injury damages are no more than £5,000 and total protocol damages are no more than £10,000. These separate limits mean a claim must satisfy both tests. Using the portal without a lawyer does not remove the medical-evidence requirement.
Under the Civil Liability Act framework, a regulated person cannot seek, offer, pay, or accept settlement of a road-traffic whiplash claim without appropriate medical evidence, as explained in HM Treasury's March 2025 report. That report is therefore more than supporting paperwork. It helps establish whether the tariff applies, which duration band governs, and whether the injury may fall outside the two-year tariff limit.
How are mixed-injury claims valued?
A mixed-injury claim includes tariff whiplash and at least one injury valued outside the tariff. Courts cannot simply treat every component as one whiplash award. Under the UK Supreme Court's mixed-injury ruling, the court first values the tariff and non-tariff injuries separately. It then steps back and adjusts the combined amount where necessary to prevent compensation twice for the same effects.
For example, neck and shoulder injuries might produce overlapping pain or restrictions. The court can address that overlap, but the final award cannot be lower than the value of the non-whiplash injury by itself. This approach can make mixed claims less predictable than tariff-only cases. A claimant should identify each diagnosed injury clearly instead of assuming the whiplash table controls the entire award.
What should a claimant check now?
The August update does not require existing claimants to restart their cases or use a new compensation table. The practical task is to apply the live rules to the correct facts.
A claimant should not select a tariff amount from symptoms alone. The medical evidence and documented injury duration determine whether the claim belongs within the statutory scheme.
- Confirm that the accident and claim fall within England and Wales.
- Check whether the claim arose before or after 31 May 2025.
- Obtain the required medical evidence before discussing final settlement.
- Determine whether the whiplash is expected to last no more than two years.
- Separate tariff whiplash from any non-whiplash injuries.
What should readers watch next?
The next significant development is the Ministry of Justice's post-implementation review. Its evidence call closed on 22 December 2025, and the review covers claimant choice, proportionate compensation, and changes in claim numbers and costs. Those questions could influence later policy, but the review does not create a replacement tariff now. Current claims should use the rules already in force rather than an anticipated recommendation.
The wider debate also includes whether the reforms reduced insurance costs. Insurer counterfactual modelling reported that average private-motor premiums were £15 lower in 2022–23 than they would have been without the Act. That figure remains limited by its modelled, insurer-supplied basis and by COVID-19 and other economic effects on driving, claims, and pricing. Until a review report and any resulting formal changes appear, claims arising from 31 May 2025 remain subject to the increased 2025 tariff.