I want to claim for whiplash from a car accident. What are the new rules?

What the Law Says

The time limit for bringing a personal injury claim — including whiplash — is set by the Limitation Act 1980. However, major reforms introduced on 31 May 2021 changed how most whiplash claims are handled.

Under the Limitation Act 1980, s. 11, you usually have 3 years from the date of the accident (or from when you first became aware of the injury) to start court proceedings for personal injury. This deadline still applies — missing it usually bars your claim.

But since 31 May 2021, most whiplash claims arising from road traffic accidents (RTAs) where the injury is valued at £5,000 or less must be made using the government’s Official Injury Claim (OIC) online service — not through traditional solicitors or courts.

These changes were introduced under the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021. A medical report from an accredited expert is now mandatory — even for seemingly minor symptoms — and claims without one will not be accepted in the OIC system.

Statutory Text

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

— Limitation Act 1980, s. 11 — Actions in respect of personal injuries

What to Do

Sources