The small claims track limit has been amended to increase the small claims limit for personal injury claims arising from a road traffic accident (RTA) to £5000. The new limit will apply to claims where the accident occurs on or after 31st May 2021.
For RTAs before 31st May 2021 and for accidents at work and accidents in a public place e.g. supermarket, on the highway and all other injury claims before or after that date, the small claims limit remains at £1000.
There are a number of exceptions to the new £5000 limit, for example, where the injured party is a child, a protected party or where the claimant was a motor cyclist, cyclist, pedestrian, using a mobility scooter or a horse rider.
Where a person is injured in a road traffic accident on or after 31st May 2021 the claim must be started under the RTA Small Claims Protocol. All such claims, unless they fall within one of the many exceptions, will drop into a portal which is designed to be accessed by litigants in person and any legal costs incurred will not be recoverable. Claimants must state in the claim form whether they expect to recover more or less than £5000.
The tariff levels at which the total damages are set for soft tissue injuries suffered in a RTA are as follows:
£240 where the injuries last up to 3months from the date of the accident
£495 for injuries lasting between 3- 6 months
£840 for injuries lasting between 6- 9months
£1320 for injuries lasting between 9 –12months
£2040 for injuries lasting between 12-15 months
£3005 for injuries lasting between 15-18 months
£4215 for injuries lasting between 18-24 months
A small fixed amount is added to the tariff to cover minor psychological injuries suffered on the same occasion as the whiplash injuries, e.g. an additional £20 if the injury does not exceed three months.
Where a person suffers more than one whiplash injury through the same accident the injury with the longest duration will apply.
The legislation allows for an uplift of up to 20% in exceptional circumstances where a court may determine that damages should be greater than the tariff allows. In such cases, the court must be satisfied that the whiplash injury is ‘exceptionally severe’ or the claimant’s circumstances are exceptional and increase the pain, suffering or loss of amenity.
If you have been injured in an accident that was not your fault in the last 3 years feel free to give RJT Solicitors a call on 01257 228027.