This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Whiplash Injury Regulations 2021 No. 642
(This note is not part of the Regulations)
These Regulations specify, by way of a tariff, the total amount of damages for pain, suffering and loss of amenity that a court may award for road traffic accident (‘RTA’) related whiplash injuries of up to two-years duration and any minor psychological injuries suffered on the same occasion. The Regulations permit the court to award a maximum uplift of 20% on those damages in exceptional circumstances.
These Regulations further specify the medical evidence that must be provided before a regulated person (defined in section 9 of the Civil Liability Act 2018) may invite a payment in settlement of, or offer payment to settle, or make or accept a payment in settlement of, an RTA related whiplash injury claim.
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