Whiplash Review Won't Revisit Compensation Levels

Courts of Justice close up entrance

The Ministry of Justice (MoJ) has launched a review of the whiplash reforms introduced in 2021, but has confirmed that whiplash compensation levels will not be reconsidered.

The review aims to assess whether the reforms are meeting their goals, such as simplifying claims and reducing costs. However, many claimants and representatives had hoped that the tariff-based whiplash compensation system would be re-examined.

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How much can I claim for a road accident?

What’s under review

The MoJ’s post-implementation review (PIR) will look at how the whiplash reforms have worked in practice. Areas such as the performance of the Official Injury Claim (OIC) portal, claim durations, and claimant experience are all being examined.

The government's call for evidence sets out the goals of the review, specifying that the tariff levels will not be revised.

The first review, published in November 2024 lead to a tariff increase of around 15%. However, it took 6 months for  the recommendation to be implemented via the Whiplash Injury (Amendment) Regulations 2025 on 31 May 2025.

The tariffs remain significantly lower than pre-reform award levels.

Concerns about fairness

When the reforms were introduced, ministers argued that lower payouts would reduce insurance premiums and discourage fraudulent claims.

In practice, many injured drivers have found the new process confusing, time-consuming and difficult to navigate without legal help.

When the reforms were passed in 2018, the expectation was that insurers would pass on estimated savings to road users of £1.1bn a year (approx. £35 per policy). Although some motorists have seen lower premiums, the savings have been lower than expected.

While the MoJ says the system is working as intended, claimants continue to report delays of more than a year in reaching settlement and uncertainty around mixed injuries (where a whiplash injury occurs alongside another injury).

What this means if you’re making a whiplash claim?

Although whiplash tariffs were revised upward earlier this year, claimant solicitors and rights groups were hoping for a larger increase or overhaul of the tariff-based approach.

If you are making a whiplash claim, you can use the OIC portal without support, but be aware that the process can be complex. A solicitor can help ensure your claim is properly valued, especially if you have multiple or longer-lasting injuries.

The MoJ’s review offers a chance to improve how the system works for injured people, but not what they can claim. Until the review concludes, the whiplash compensation process will stay as is, leaving many claimants waiting for fairer reform in the future.

Chris Salmon, Director

Author:
Chris Salmon, Director