No. The whiplash reforms introduced in England and Wales on 31 May 2021, including the fixed tariff of payments, the Official Injury Claim portal and the higher small claims limit for road traffic injuries, do not apply to accidents in Scotland. Scottish whiplash claims are still valued by the courts based on the injury and its effects, and most injured people in Scotland continue to use a solicitor on a "no win, no fee" basis.
Because so much online information about whiplash is written for England and Wales, many people in Scotland are given the wrong impression. This guide explains how car accident claims work here.
What changed in England and Wales?
Under the Civil Liability Act 2018 and related rules, for road traffic accidents in England and Wales from 31 May 2021:
- Compensation for whiplash injuries lasting up to two years is set by a fixed tariff, with relatively low amounts for short-term injuries.
- The small claims limit for road traffic injury claims rose to £5,000, so legal costs are usually not recoverable.
- Claims are made through the Official Injury Claim online portal.
Those rules apply only to accidents in England and Wales. If your accident happened in Scotland, none of them applies to your claim.
How are whiplash claims valued in Scotland?
In Scotland, compensation for pain, suffering and loss of amenity, known as solatium, is assessed on the facts of each case. Solicitors and courts look at the medical evidence, how long the symptoms lasted, the impact on your work and daily life, and awards made in similar cases. There is no statutory tariff.
You can also claim for financial losses, such as:
- Lost earnings while you were off work.
- Physiotherapy and treatment costs.
- Travel to medical appointments.
- Care and help from family members.
- Vehicle repairs and other expenses.
The pre-action protocol
Most lower-value personal injury claims in Scotland follow the compulsory pre-action protocol, which applies to claims worth up to £25,000. It sets out steps for notifying the insurer, exchanging evidence and making offers, so that many claims settle without court proceedings. Your solicitor will obtain a medical report from an independent doctor to value the claim.
What if the claim goes to court?
If the insurer will not agree a fair settlement, your solicitor can raise court proceedings. Claims worth up to £5,000 can be raised under simple procedure in the local sheriff court. Higher-value personal injury claims are often raised in the All-Scotland Sheriff Personal Injury Court in Edinburgh, or in the Court of Session for the most serious cases.
Time limits
You normally have three years from the date of the accident to raise court proceedings, under the Prescription and Limitation (Scotland) Act 1973. Claims for children can usually be raised up to their 19th birthday. Our guide to personal injury time limits in Scotland explains the rules in more detail.
Tip: see a GP or attend A&E after an accident, even if you feel fine at first. Whiplash symptoms often develop over the following day or two, and a medical record made at the time is important evidence.
What if the other driver was uninsured or drove off?
If the driver at fault was uninsured or cannot be traced, you may be able to claim through the Motor Insurers' Bureau. Report the accident to the police as soon as possible, as this is usually required.
Costs and funding
Most claims are run on a "no win, no fee" basis. Success fees in personal injury cases are capped by law at 20% of the first £100,000 of damages, 10% of the next £400,000 and 2.5% above that. Qualified one-way costs shifting generally protects you from paying the insurer's legal expenses if your claim fails. Ask any firm to explain its fee agreement in writing before you sign.
Choosing a solicitor
Choose a solicitor who handles Scottish road traffic claims regularly, not a firm working mainly under the English rules. Compare the leading personal injury solicitors in Glasgow in our independent ranking. If you were charged with a driving offence after the accident, see our road traffic lawyers in Glasgow.
Frequently asked questions
Does the whiplash tariff apply in Scotland?
No. The whiplash tariff introduced on 31 May 2021 applies only to accidents in England and Wales. Scottish claims are valued on the facts of each case.
Do I use the Official Injury Claim portal in Scotland?
No. The Official Injury Claim portal is for accidents in England and Wales. Scottish claims usually follow the compulsory pre-action protocol.
How long do I have to make a car accident claim in Scotland?
Normally three years from the date of the accident to raise court proceedings.
Can I claim for whiplash if I did not go to hospital?
Yes, but medical evidence is important. See your GP as soon as possible so that your symptoms are recorded.
What if the driver who hit me was uninsured?
You may be able to claim through the Motor Insurers' Bureau. Report the accident to the police as soon as possible.
Do I need a solicitor for a whiplash claim in Scotland?
You do not have to use one, but most people do, because insurers' first offers are often low and solicitors usually work on a no win, no fee basis with capped success fees.
Conclusion
So, does the whiplash tariff apply to car accident claims in Scotland? No. The tariff, the Official Injury Claim portal and the higher small claims limit apply only in England and Wales. Scottish claims are valued on their own facts and normally have a three-year time limit.
Compare the leading personal injury solicitors in Glasgow to find a firm experienced in Scottish road traffic claims.