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Regulation 2 Damages for whiplash injuriesI1

England and Wales

(1)

Subject to regulation 3—

(a)

the total amount of damages for pain, suffering and loss of amenity payable in relation to one or more whiplash injuries, taken together (“the tariff amount” for the purposes of section 5(7)(a) of the Act), is the figure specified in the second column of F1—

(i)

Table 1 where the cause of action accrues before 31st May 2025;

(ii)

Table 2 where the cause of action accrues on or after 31st May 2025; and

(b)

the total amount of damages for pain, suffering and loss of amenity payable in relation to both one or more whiplash injuries and one or more minor psychological injuries suffered on the same occasion as the whiplash injury or injuries, taken together (“the tariff amount” for the purposes of section 5(7)(b) of the Act), is the figure specified in the third column of F2—

(i)

Table 1 where the cause of action accrues before 31st May 2025;

(ii)

Table 2 where the cause of action accrues on or after 31st May 2025

F3Table 1

Duration of injuryAmount - Regulation 2(1)(a)Amount - Regulation 2(1)(b)
Not more than 3 months£240£260
More than 3 months, but not more than 6 months£495£520
More than 6 months, but not more than 9 months£840£895
More than 9 months, but not more than 12 months£1,320£1,390
More than 12 months, but not more than 15 months£2,040£2,125
More than 15 months, but not more than 18 months£3,005£3,100
More than 18 months, but not more than 24 months£4,215£4,345

Table 2

Duration of injuryAmount - Regulation 2(1)(a)Amount - Regulation 2(1)(b)
Not more than 3 months£275£300
More than 3 months, but not more than 6 months£565£595
More than 6 months, but not more than 9 months£965£1,025
More than 9 months, but not more than 12 months£1,510£1,595
More than 12 months, but not more than 15 months£2,335£2,435
More than 15 months, but not more than 18 months£3,445£3,550
More than 18 months, but not more than 24 months£4,830£4,975
(2)

In this regulation, “duration of injury” means—

(a)

the duration, or likely duration, of the whiplash injury a person has suffered; or

(b)

where a person suffers more than one whiplash injury on the same occasion, the whiplash injury of the longest duration, or likely longest duration, suffered on that occasion,

if the person were to take, or had taken, reasonable steps to mitigate the effect of that injury or those injuries.

Annotations

Textual amendments

F1

Words in reg. 2(1)(a) substituted (31.5.2025) by The Whiplash Injury (Amendment) Regulations 2025 (S.I. 2025/615), regs. 1(1), 2(1)(a)

F2

Words in reg. 2(1)(b) substituted (31.5.2025) by The Whiplash Injury (Amendment) Regulations 2025 (S.I. 2025/615), regs. 1(1), 2(1)(a)

F3

Reg. 2(1)(b): Tables 1, 2 substituted (31.5.2025) for Table by The Whiplash Injury (Amendment) Regulations 2025 (S.I. 2025/615), regs. 1(1), 2(1)(b)

Commencement

I1

Reg. 2 in force at 31.5.2021, see reg. 1(1)