NOTE: The Pre-action Protocol for Personal injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) applies to accidents which occur on or after 31 May 2021 and where the amount claimed for the injuries is not more than £5,000 and the overall claim is not more than £10,000. The Small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of damages for pain, suffering and loss of amenity (PSLA) (subject to certain exceptions). For further details of the RTA Small Claims Protocol including the circumstances where it does not apply, see: The RTA small claims protocol—key features checklist.

Whiplash claims (also commonly referred to as soft tissue injury claims) are caused by an impact to a vehicle, which results in its sudden acceleration and which causes a violent extension to the claimants neck. While the claimant’s body remains restrained, their head is thrown backwards and the neck extends. This vigorous movement of the head damages