The Civil Liability Act 2018 is the most significant legislative reform to low-value road traffic accident personal injury claims in a generation. Its stated purpose, as set out in the Explanatory Notes to the Act, is to reduce the cost of whiplash claims to the UK motor insurance market and to deter fraudulent or exaggerated soft-tissue injury claims, which the ABI and successive governments had identified as a primary driver of motor insurance premium inflation. The reform has two structural pillars: a fixed statutory tariff replacing common-law damages assessment for whiplash injuries of up to 2 years, and a mandatory online portal replacing the pre-existing RTA claims process for low-value personal injury claims. Understanding the CLA 2018 framework is important for UK drivers both as potential claimants (if injured in an accident) and as policyholders (because the reform was intended to reduce claims costs and feed through to lower premiums - a relationship the FCA has continued to scrutinise). For the data on how the reform has affected claim volumes since May 2021, see our whiplash claims statistics guide. For the full claims process guide, see how to claim car insurance after an accident. For market overview, visit the car insurance hub. How the CLA 2018 works - the core structureThe CLA 2018 creates a two-tier structure for RTA personal injury claims in England and Wales. The division between the tiers is determined by the total value of the claim:
The whiplash tariff in fullThe whiplash tariff amounts are set by the Civil Liability (Injuries) (England and Wales) Regulations 2021 (SI 2021/723), made under powers in the CLA 2018. The tariff applies to whiplash injuries (soft tissue injuries to the neck, back and shoulder arising from RTA) of up to 2 years' duration. The amounts are fixed by statute and cannot be increased by agreement or by judicial discretion within the tariff bands. The Lord Chancellor has a statutory power to review and uplift the tariff amounts periodically.
Mixed injury claims - the uplift rulesMany road accident claimants suffer more than one injury type in the same accident. The CLA 2018 and the 2021 Regulations address mixed injury scenarios through a specific set of rules in Schedule 2 of SI 2021/723. The key rules are: Whiplash plus minor psychological injury (same accident). Where a claimant suffers both a tariffed whiplash injury and a minor psychological injury (as defined in the Regulations) arising from the same RTA, the compensation is calculated using the whiplash tariff amount with an uplift applied from the combined injury table in the Regulations. The combined tariff is higher than the whiplash tariff alone but lower than two separate tariff amounts added together. Whiplash plus non-minor psychological injury. Where the psychological injury is more severe than the minor psychological injury definition in the Regulations, it falls outside the tariff and is assessed on common-law principles using the Judicial College Guidelines. The whiplash component is still assessed using the tariff; the non-minor psychological component is assessed separately at common law. Whiplash plus other physical injury (same accident). Where a claimant suffers a whiplash injury and a separate physical injury (for example, a fractured wrist) in the same RTA, the whiplash component is assessed under the tariff while the physical injury component is assessed at common law under the Judicial College Guidelines. The two components are then combined for the total damages claim. Injury lasting more than 2 years. Where the whiplash injury is assessed as lasting longer than 2 years, the claim falls entirely outside the statutory tariff. Compensation is assessed at common law using the Judicial College Guidelines, and the claim may proceed through the civil courts rather than the OIC portal. The tariff's 2-year ceiling is fixed by the primary legislation and can only be changed by Parliament. The OIC portal - how it worksThe Official Injury Claim (OIC) portal at officialinjuryclaim.org.uk is operated by the Motor Insurers' Bureau on behalf of the Ministry of Justice. It is the mandatory gateway for all RTA personal injury claims with a total value (including whiplash damages, other injury damages, financial losses and vehicle damage) of up to £5,000 in England and Wales. The portal's key features as published by the MoJ are:
The small claims track threshold changeSimultaneously with the whiplash tariff coming into force in May 2021, the small claims track limit for personal injury arising from RTAs was increased from £1,000 to £5,000 by the Civil Procedure (Amendment No.2) Rules 2021. This change has a significant practical consequence: claims processed through the OIC portal (below £5,000) are on the small claims track, which means that even if a claimant engages a solicitor, the claimant cannot recover their legal costs from the defendant insurer. Previously, personal injury claimants above the £1,000 small claims limit could recover legal costs from the losing party. The increase to £5,000 therefore effectively removes recoverable legal costs from the vast majority of whiplash claims - one of the key mechanisms by which the reform was intended to reduce the cost of claims management in the motor insurance market. The Scotland positionThe Civil Liability Act 2018 and the whiplash tariff apply in England and Wales only. Personal injury and negligence law is a devolved matter in Scotland under the Scotland Act 1998. Scottish RTA personal injury claimants continue to claim under Scots common law and Scottish court procedure, using the Scottish courts' own approach to general damages assessment for soft tissue injuries. There is no OIC portal for Scottish claims; the Scottish courts (Sheriff Court and Court of Session) remain the forum for personal injury claims in Scotland. The higher small claims limit and the tariff do not apply north of the border. Recent changes (2024-2026)The tariff amounts in SI 2021/723 have not been uplifted by the Lord Chancellor in the 2024-2026 period - the amounts remain as set in the 2021 Regulations. The MoJ has continued publishing quarterly OIC portal statistics, which show that claim volumes through the portal have increased as the portal became more established in the market following its initial launch period. The FCA has continued to scrutinise whether the savings from the whiplash reform have been adequately passed through to motor insurance premiums, as part of its Consumer Duty price and value outcome monitoring for the sector. The ABI's Q4 2025 average premium of £622 represents a reduction from the 2024 peak of £741, though the precise contribution of whiplash reform savings to that reduction is not separately quantified in public data. Frequently Asked QuestionsWhat is the Civil Liability Act 2018?The Civil Liability Act 2018 is a UK Act of Parliament that reformed the legal framework for whiplash and low-value RTA personal injury claims in England and Wales. Its whiplash provisions came into force on 31 May 2021. The Act introduced a fixed statutory tariff of compensation for whiplash injuries of up to 2 years (replacing common-law general damages) and required the creation of the Official Injury Claim (OIC) portal as the mandatory gateway for low-value claims (up to £5,000 total). Scotland was not included in the Act's whiplash provisions. What is the OIC portal and how do I use it?The Official Injury Claim (OIC) portal at officialinjuryclaim.org.uk is the mandatory online gateway for RTA personal injury claims up to £5,000 in England and Wales. It is operated by the Motor Insurers' Bureau on behalf of the Ministry of Justice and is free to use. You can submit and manage your claim without a solicitor, though you may choose to instruct one at your own cost. The portal guides claimants through the process of notifying the insurer, submitting medical evidence, and negotiating settlement. What if my injury lasts more than 2 years?Whiplash injuries assessed as lasting longer than 2 years fall outside the statutory tariff in SI 2021/723. These claims revert to common-law assessment of general damages using the Judicial College Guidelines, and may be pursued through the civil courts rather than the OIC portal. They are not subject to the £5,000 total cap or the small claims track limit. If your claim is likely to exceed £5,000 total or if your injuries are assessed as lasting more than 2 years, seeking advice from an FCA-authorised claims management company or a qualified solicitor is advisable. Can I still use a solicitor for a whiplash claim?Yes, you can instruct a solicitor for a claim processed through the OIC portal, but you cannot recover the solicitor's costs from the defendant insurer - the small claims track limit means legal costs are not recoverable for claims within the portal's scope. You would bear the solicitor's fees yourself. For claims above £5,000 total value (outside the portal) or for more complex injuries, legal representation may be financially appropriate because legal costs can be recovered from the losing party if your claim succeeds. Does the whiplash reform apply in Scotland?No. The Civil Liability Act 2018 whiplash provisions apply in England and Wales only. In Scotland, personal injury law is governed by Scots common law and the jurisdiction of the Scottish courts. Scottish claimants pursue whiplash and soft tissue injury claims through the Scottish Sheriff Court or Court of Session using common-law general damages principles - not the statutory tariff. The OIC portal is not available for Scottish RTA claims. Northern Ireland has its own separate personal injury claims framework. What happens if the insurer disputes my injury duration?Within the OIC portal, disputes about injury duration are resolved using medical evidence submitted through the portal's medical report process. Both parties can submit evidence; if agreement cannot be reached, the portal has a process for escalation to a neutral medical expert assessment. If the dispute cannot be resolved through the portal, the claim may be referred to the small claims track of the County Court. The tariff amount is determined by the injury duration as assessed by the medical evidence - not by the claimant's or insurer's assertion alone.
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Whiplash Reform UK 2026: Civil Liability Act 2018 Fully Explained
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