If you were injured in a road traffic accident in England and Wales and your claim is worth less than £5,000, GOV.UK says you can usually make it online, without going to court or needing a lawyer. These are commonly called whiplash claims, and the rules come from the Whiplash Reform Programme. GOV.UK’s guidance sets out how the service works.
Who the service is for
GOV.UK says the service applies to claims for low-value road traffic accident personal injury valued at less than £5,000. The reforms apply to accidents that occurred in England and Wales on or after 31 May 2021; claims from earlier accidents remain under the old rules. GOV.UK refers to sections 4.1 and 4.2 of its Guide to Making a Claim for eligibility details and exceptions, so check those before assuming your claim qualifies.
How to make a claim
The government’s route is the Official Injury Claim (OIC) service, an online system supported by guidance, and GOV.UK gives a Portal Support Centre telephone number for people who cannot use it. You may also instruct a solicitor. The service is designed so that claimants with or without legal representation can make and settle a claim, and it is underpinned by the RTA Small Claims Pre-Action Protocol.
How the portal works, and who runs it
The MoJ FAQ describes the Official Injury Claim portal as a free online service built and operated by the Motor Insurers’ Bureau on behalf of the Ministry of Justice, designed to mirror the RTA Small Claims Protocol so that claims processed through it automatically meet the protocol’s requirements. It says the portal can be used for a personal injury claim of up to £5,000, or where the total value, including other protocol damages, is not more than £10,000. Help includes the Guide to Making a Claim (you need only consult the parts you need), a help hub and the telephone Portal Support Centre. The website is available in English and Welsh, with translation services for other languages.
The whiplash tariff
GOV.UK says the programme introduced a fixed tariff of compensation for whiplash injuries lasting up to two years, giving claimants clarity about the damages they will receive. It adds that injuries occurring on or after 31 May 2025 are subject to an uprated tariff, and that both tariffs and guidance on minor psychological injuries are published. Because the figures depend on injury duration and date, check the current tariff on GOV.UK rather than relying on any summary.
The Ministry of Justice FAQ adds that the tariff must be reviewed at least every three years under the Civil Liability Act 2018. The first review, completed on 22 May 2024, recommended raising the original amounts by around 15 per cent, and the increased values apply to accidents on or after 31 May 2025; the next review is due by 22 May 2027. Where a prognosis spans two tariff bands, the higher value applies, and judges have discretion to uplift a tariff figure by up to 20 per cent in exceptional circumstances. A “minor psychological injury” is one suffered on the same occasion as the whiplash, secondary to it and short of a diagnosed phobia or disorder. In a mixed case with a non-whiplash injury, the tariff applies to the whiplash injury only.
Medical evidence is required
A key change is a ban on settling whiplash claims without medical evidence. GOV.UK says the OIC service enables claimants to source medical reports so that claims are supported before settlement. Keep any treatment records and note the date of the accident, since the date affects which rules and tariff apply.
If you cannot settle: the small claims track
GOV.UK says the small claims limit for road traffic accident personal injury claims rose from £1,000 to £5,000 through changes to the Civil Procedure Rules. Where a claim goes to court, most therefore proceed through the small claims track, on which each party is generally responsible for paying its own legal costs. If you have tried to settle through the service and are still not content, you can ask the court to decide the claim; the service helps prepare some court forms, though other court processes sit outside the portal. GOV.UK also says a claim can be re-opened on the portal if you win in court.
FAQs
Does this apply to accidents in Scotland or Northern Ireland?
GOV.UK says the reforms apply to accidents that occurred in England and Wales. Scotland and Northern Ireland have their own systems, so take advice on those nations separately.
Do I have to use a solicitor?
No. GOV.UK says the service lets claimants make and settle a claim themselves, and the MoJ FAQ says the portal supports represented and unrepresented claimants, although you may instruct a solicitor if you prefer.
Which tariff applies to my whiplash injury?
It depends on the accident date and how long the injury lasts. GOV.UK says injuries on or after 31 May 2025 use an uprated tariff; check the published tariffs.
Bottom line
For a road accident in England and Wales after 31 May 2021 with a claim under £5,000, the Official Injury Claim service is the expected starting point, with a fixed tariff for whiplash, mandatory medical evidence and the small claims track if the claim does not settle. Check eligibility in the official guide and consider free advice before accepting an offer. This article is general information, not legal advice.
