The ever-evolving economic landscape continues to impact considerably the world of personal injury claims. In 2024, the 17th edition of the Judicial College Guidelines saw a 22% uplift in recommended settlement guidelines for most injuries. This year, for injuries that occur on or after 31 May, the whiplash tariff has a 15% inflationary increase. For claims submitted on or after 6 April, the cost of MedCo fixed-cost medical reports for claims involving injuries suffered in a road traffic collision increases 25%.
The Whiplash Reforms and Tariff Increase
The whiplash reforms were introduced in May 2021 to reduce the high number and cost of whiplash claims, aiming to lower insurance premiums for motorists by tackling fraudulent and exaggerated claims. The reforms introduced a fixed tariff of compensation for a whiplash injury that lasts up to two years and sought to reduce the award amount for the same injuries before the reforms were implemented.
In November 2024, Lord Chancellor Shabana Mahmood confirmed that the tariff would increase by 15% across the board, for injuries that occur on or after 31 May 2025. In March 2025, the increase was laid before Parliament in the Whiplash Injury (Amendment) Regulations by way of affirmative procedure.
The 15% increase accounts for inflation since 2021 (based on the Consumer Prices Index) and includes a buffer for expected inflation until 2027. The Ministry of Justice has said that the uplift will ensure that claimants can continue to receive appropriate compensation for whiplash injuries that occur before the next statutory review of the tariff. The original whiplash tariff from 2021 will continue to apply to relevant whiplash injuries from road traffic accidents that occurred before 31 May 2025.
The following are the new tariff levels:
| Duration of Injury | Tariff for accidents on or after 31 May 2025 | |
| Whiplash | Whiplash plus psych | |
| 0 to 3 months | £275 | £300 |
| 3 to 6 months | £565 | £595 |
| 6 to 9 months | £965 | £1,025 |
| 9 to 12 months | £1,510 | £1,595 |
| 12 to 15 months | £2,335 | £2,435 |
| 15 to 18 months | £3,445 | £3,550 |
| 18 to 24 months | £4,830 | £4,975 |
MedCo Fixed-Cost Medical Reports
MedCo is a system used to source medical report providers for low-value personal injury claims, and the 25% increase to the cost of fixed-cost medical reports comes following the publication of the Government response to the 'Revisions to the Medical Reporting Process for Road Traffic Accident Claims' consultation on 16 December 2024.
This increase came into effect on 6 April 2025, but only applies to claims where the Claim Notification Form (CNF), Small Claim Notification Form (SCNF) or Letter of Claim is issued on or after the effective date. The figures are exclusive of value-added tax (VAT) and, when updated, will be found in Part 45.62 of the Civil Procedure Rules (CPR).
The table below illustrates the increased fees:
| Before 1/4/25 |
As of 1/4/25 |
|
| First report via MedCo | £180.00 | £226.00 |
| Further reports where needed for the following | ||
| Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable) | £420.00 | £527.00 |
| Consultant in Accident and Emergency Medicine | £360.00 | £451.00 |
| General Practitioner registered with the General Medical Council | £180.00 | £226.00 |
| Physiotherapist registered with the Health and Care Professions Council | £180.00 | £226.00 |
| Obtaining medical records: direct cost from the holder of the records plus | £30.00 | £38.00 |
| Total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required | £80.00 | £100.00 |
| Addendum report on medical records (except by Consultant Orthopaedic Surgeon) | £50.00 | £63.00 |
| Answer to questions under Part 35 | £80.00 | £100.00 |
The whiplash tariff now sees the awards for injuries lasting between 18 and 24 months at the top end of the £5,000 Small Claims Track (SCT) limit for injury claims. If we add to this the Supreme Court decision on how to value 'mixed injury claims' (additional injuries not valued using the tariff), it's likely that we see more claims now valued or at least presented as being valued in excess of the SCT limit and therefore allowing legal costs to be recoverable against the paying party.
The increase to the fixed-cost medical reports is expected to also add further claims inflationary pressures to defendant compensators.
These changes mean defendant claims handlers must scrutinise the assessment of causation and the plausibility of injuries presented. In addition, validating the need for obtaining additional medical reports will become increasingly important in controlling the cost of claims inflation.
To find out how our team can support you to successfully navigate the changing landscape of personal injury claims contact us today.
Author
Andrew Sewell
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