The first tariff applies to accidents occurring between 31 May 2021 and 30 May 2025. The revised tariff applies to accidents occurring on or after 31 May 2025. These are not alternative tables from which a claimant, solicitor, insurer or medical expert may choose. The accident date determines which one must be used.
Why Are There Two Tariffs?
The original whiplash tariff was introduced on 31 May 2021 as part of the whiplash reforms. It provides fixed amounts of compensation for pain, suffering and loss of amenity caused by qualifying road traffic accident-related whiplash injuries lasting no longer than two years.
The amount awarded depends principally on the medical prognosis. The available bands cover injuries lasting:
Band one no more than three months.
Band two more than three but no more than six months.
Band three more than six but no more than nine months.
Band four more than nine but no more than 12 months.
Band 5more than twelve but no more than 15 months.
Band six more than 15 but no more than 18 months; and
Band seven more than 18 but no more than 24 months.
Each band contains one figure for whiplash alone and a slightly higher figure where the claimant also suffers a qualifying minor psychological injury. Whiplash injuries expected to continue for more than 24 months fall outside the fixed tariff scheme.
The Civil Liability Act 2018 requires the tariff to be reviewed periodically. Following the first statutory review, the figures were increased by approximately 15%. The revised amounts were introduced by the Whiplash Injury (Amendment) Regulations 2025 and took effect for accidents occurring on or after 31 May 2025.
Which Tariff Applies?
The dividing line is straightforward:
Accident between 31 May 2021 and 30 May 2025:
The original 2021 tariff applies.
Accident on or after 31 May 2025:
The revised 2025 tariff applies.
A claimant injured on 30 May 2025 remains subject to the original tariff even if the claim is not submitted until June, July or later. By contrast, a claimant injured on 31 May 2025 falls within the revised tariff from the outset.
The date of the medical examination does not alter this position. Nor does the date of the medical report, the date proceedings are issued or the date the claim is settled. These later events may affect the evidence available about recovery, but they do not move the claim from one tariff table to another.
How Different Are the Figures?
Under the original tariff, an injury lasting no more than three months attracts £240 for whiplash alone or £260 where minor psychological injury is also present. Under the revised tariff, those figures are £275 and £300 respectively.
For an injury lasting more than nine but no more than 12 months, the original figures are £1,320 for whiplash alone and £1,390 for whiplash with minor psychological injury. Under the revised tariff, they increase to £1,510 and £1,595.
At the highest tariff band of more than 18 but no more than 24 months, the original awards are £4,215 for whiplash alone and £4,345 with minor psychological injury. The corresponding revised figures are £4,830 and £4,975.
The financial difference may therefore be significant, particularly where the prognosis falls within one of the longer-duration bands. Nevertheless, the higher tariff cannot be applied simply because the medical report or settlement postdates 31 May 2025.
Why the Medical Prognosis Still Matters.
Although the accident date selects the correct tariff table, the medical prognosis identifies the appropriate band within that table.
The expert must give a reasoned opinion on how long the whiplash symptoms are likely to continue. This should be based on the claimant’s account, clinical examination, available records, treatment history and any relevant pre-existing or subsequent conditions.
The prognosis should not be selected with a tariff figure in mind. A medical expert is not valuing the claim and should not lengthen or shorten a prognosis to place the claimant within a particular compensation band. The expert’s task is to provide an independent clinical opinion. The legal representatives, insurer or court can then apply that opinion to the correct tariff.
Where the claimant has already recovered by the examination date, the expert may be able to give a retrospective duration. Where symptoms remain ongoing, the expert may need to combine the period already experienced with a prospective estimate of the remaining recovery period.
A prognosis close to the boundary between two bands requires particular care. For example, the difference between a prognosis of six months and a prognosis exceeding six months may change the relevant award. The report should therefore explain the clinical reasoning rather than merely provide a duration without supporting analysis.
What About Psychological Symptoms?
Both tariff tables provide a separate figure for whiplash accompanied by minor psychological injury. Ministry of Justice guidance describes this generally as psychological injury suffered on the same occasion as the physical whiplash injury, secondary in significance to it and falling short of a specific phobia or diagnosable psychological disorder.
Examples may include low-level travel anxiety or occasional sleep disturbance. The value of the tariff award remains based on the duration of the physical whiplash injury, rather than the duration of the minor psychological symptoms. A more significant, diagnosable psychiatric condition may require separate consideration and may not simply fall within the minor psychological element of the tariff.
The expert should therefore distinguish between ordinary emotional reactions, minor psychological injury and a potentially diagnosable psychiatric disorder. Using vague expressions such as “psychological symptoms” without explaining their nature or clinical significance may make it difficult to determine whether the combined tariff applies.
Mixed and Additional Injuries.
The tariff controls the award for qualifying whiplash injury and associated minor psychological injury. A claimant may also have other injuries arising from the same accident, such as bruising, a wrist injury, a knee injury or a recognised psychiatric disorder.
Those additional injuries do not change which whiplash tariff applies. The accident date still determines whether the original or revised figures govern the whiplash component. The non-whiplash injuries must then be assessed separately in accordance with the applicable legal principles.
For the medical expert, this makes clear diagnosis and separation of injuries particularly important. The report should identify which symptoms arise from the tariff whiplash injury, which relate to other physical injuries and whether any psychological condition goes beyond the minor psychological component.
Avoiding Administrative Errors.
The existence of two tariffs makes accurate recording of the accident date essential. Referral letters, portal information and medical reports should all be checked for consistency. Even a one-day error around the cut-off date could result in the wrong tariff being applied.
Experts should clearly state the accident date near the beginning of the report. Solicitors and compensators should also ensure that claims are not placed under the revised tariff merely because they were opened after 31 May 2025.
The central rule is simple: the accident date selects the tariff, while the medical prognosis selects the band. Keeping those two questions separate prevents confusion and helps ensure that the claim is assessed under the correct statutory framework.
