Types of Road Traffic Accident Claims
The Whiplash Reforms — OIC Portal
Since 31 May 2021, road traffic accident soft tissue injury claims (whiplash) worth up to £5,000 in PSLA must be processed through the Official Injury Claim (OIC) portal under the whiplash tariff introduced by the Civil Liability Act 2018. Key points:
- Fixed tariff PSLA awards: e.g., up to 3 months — £240; up to 6 months — £495; up to 9 months — £840; up to 12 months — £1,320; up to 15 months — £2,040; up to 18 months — £3,005 (2022 figures)
- Special damages (loss of earnings, medical treatment, vehicle damage) are claimed separately on top of the tariff
- A medical report from an MedCo-accredited medical reporting organisation is required
- Where psychological injuries or non-whiplash physical injuries are also claimed, those fall outside the tariff and are assessed by JC Guidelines — a solicitor ensures these are properly pleaded
- Claims above £5,000 PSLA or involving non-soft tissue injuries bypass the OIC portal and proceed through the EL/PL or pre-action protocol for personal injury
Frequently Asked Questions
What should I do immediately after a road traffic accident?
Report the accident to the police if required (injury accidents must be reported under s.170 Road Traffic Act 1988), seek medical attention, take photographs of the scene, vehicles, and injuries, obtain witness details, and note the other driver's name, address, vehicle registration, and insurance details. Do not admit fault. Contact a solicitor as soon as possible — early evidence gathering significantly strengthens your claim.
Can I claim if I was a passenger in the at-fault vehicle?
Yes — as a passenger, you were not responsible for the accident and are entitled to claim against the driver of the vehicle you were in (through their motor insurer) or against the driver of another vehicle involved. Being a passenger in the at-fault vehicle does not reduce your compensation by contributory negligence unless you encouraged dangerous driving or were aware the driver was unfit to drive (drunk, for example).
What can I claim for after a road traffic accident?
General damages (PSLA) for the pain, suffering and loss of amenity caused by your injuries. Special damages: lost earnings (past and future), medical treatment costs, rehabilitation, vehicle repair or replacement, car hire, and care provided by family members. Where injuries are severe, future loss of earnings and the cost of lifetime care can constitute the largest heads of loss. A solicitor instructs medical and care experts to quantify every element of your claim.
What if the other driver was uninsured?
The Motor Insurers' Bureau (MIB) compensates victims of uninsured drivers under the MIB Uninsured Drivers Agreement 2015 and victims of untraced drivers under the MIB Untraced Drivers Agreement 2017. The claim is made against the MIB rather than an insurer. The MIB has the same defences and rights as an insurer and defends claims vigorously — a specialist solicitor manages the MIB process.
Do I need a solicitor for a whiplash claim?
You can use the Official Injury Claim (OIC) portal yourself for a simple whiplash claim. However, insurers are sophisticated defendants who will scrutinise every aspect of your claim. A solicitor ensures the medical report accurately captures all your symptoms, that special damages are fully claimed, and that any additional injuries (psychological, non-soft tissue) outside the tariff are separately and properly valued. Many self-represented claimants undervalue their claims or accept early offers that are less than the tariff entitlement.