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Compensation Law Changes: What the Civil Liability Act Means for Claimants.
Reforms to personal injury claims have reshaped access to compensation—especially for whiplash and low-value injuries.
The Civil Liability Act 2018 introduced significant changes to personal injury compensation in England and Wales. The government cited an “epidemic” of minor injury claims—particularly whiplash—as a driver of rising insurance premiums and legal costs.
Key Changes:
Whiplash reforms: Fixed tariffs now apply to whiplash injuries lasting up to two years, significantly reducing payouts.
Small claims limit raised: For road traffic accident-related injuries, the threshold for claiming legal costs has increased from £1,000 to £5,000. For other personal injury claims, the amount is now £1,500.
Online claims portal: Claimants must now use the Official Injury Claim portal for eligible cases, often without the assistance of a lawyer.
Impact on Claimants: If you suffer a minor injury—such as a fractured tooth or soft tissue damage—you may still be entitled to compensation. However:
- You may need to represent yourself in the small claims court.
- Legal fees are no longer recoverable for claims below the new threshold.
- Complex or disputed cases may require professional advice, even if costs aren’t reimbursed.
Criticism and Concerns:
- Access to justice may be restricted for vulnerable claimants.
- Employers and insurers may face less scrutiny over safety standards.
- The reforms are expected to save insurers over £1 billion, but critics argue this comes at the expense of fairness.
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