The Legal Times Forum

Basics of the Personal Injury Tariff System for Claimants in the UK.
0
0
0
Understanding personal injury claims can be overwhelming, especially if you're experiencing pain and disruption in your life. In the UK, the personal injury tariff system has been established to simplify the process of claiming compensation for injuries. This blog post will guide you through the essentials of the personal injury tariff system, helping you determine if your injury is covered, as well as the steps to take when making a claim.
What is the Personal Injury Tariff System?
The personal injury tariff system was introduced as part of the Civil Liability Act 2018, coming into effect in May 2021. This legislation aimed to streamline the claims process and standardize compensation amounts for certain types of injuries. The tariff applies specifically to whiplash injuries sustained in road traffic accidents, but it can also extend to other minor injuries initially.
The primary goal of the tariff system is to make it easier for claimants to understand the compensation they may receive while reducing legal costs and improving the efficiency of handling claims.

Which Injuries are Covered?
Understanding which injuries fall under the personal injury tariff system is crucial for claimants. The tariff mainly addresses whiplash injuries but also includes a few other minor injuries. Below are some examples of injuries that are covered under this system:
Whiplash injuries: This is the most emphasized injury within the tariff, specifically those symptoms lasting between 0 to 24 months.
Minor soft tissue injuries: Such as sprains and strains that result from a vehicle accident.
Minor psychological injuries: If they are directly linked to an accident.
For injuries that fall outside the defined tariff system, claimants will need to follow the traditional route of personal injury claims, which may require higher evidence and detailed assessments.

How is Compensation Calculated?
The amount of compensation for claims under the tariff system is calculated based on the nature and duration of the injury. The tariff provides a fixed sum depending on how long the injury lasts:
Up to 3 months: £240
3 to 6 months: £450
6 to 9 months: £760
9 to 12 months: £1,530
12 to 15 months: £2,080
15 to 24 months: £3,210
This compensation aims to reflect the pain, suffering, and loss of income associated with whiplash injuries and similar cases. It’s crucial for claimants to ensure that their claims correctly identify the duration and severity of their injuries to ascertain the appropriate compensation level.
Additionally, costs that exceed the tariff, such as loss of earnings or medical expenses, can be claimed in a separate route, but they would not be part of the tariff compensation itself.

Practical Steps for Claimants
If you believe you've sustained an injury covered by the personal injury tariff system, follow these key steps to make your claim:
Document Your Injuries: Keep detailed records of your injuries and any medical treatment received. This includes doctor’s appointments, diagnosis, and treatment plans.
Seek Medical Advice: It’s important to see a medical professional to get an accurate assessment of your injuries. This will help establish the severity of your injury, which is necessary for your claim.
Gather Evidence: Collect evidence related to the accident, including photographs of the scene, witness statements, and any police reports if applicable.
Notify the Insurers: Inform your insurance provider of the accident and the injuries sustained as soon as possible. This is critical for processing any claim.
Prepare the Claim: If using a solicitor, they will assist you in assembling the necessary documentation, or you can opt to fill the claim yourself if you feel comfortable doing so.
Submit the Claim: Complete the claim form and submit it alongside all previously gathered documentation to the relevant insurer.
Await the Offer: After submission, the insurer will review your claim. Once they're satisfied with the evidence provided, they will send a compensation offer based on the tariff system. You have the right to negotiate.
Settling the Claim: If you accept the offer, you may need to sign a settlement agreement. Once signed, it’s difficult to claim further compensation for the same injury.
Claiming compensation might be a daunting process, but having a clear path can make it more manageable. Reach out to legal professionals or personal injury specialists for assistance, especially when navigating complex cases.
Final Thoughts
Navigating the personal injury tariff system can feel complex, but it's designed to simplify compensation for claimants like you. Understanding the framework of this system is essential, as it helps to clarify which injuries are eligible and how compensation amounts are determined.
Remember that every case is unique. If you have any further questions regarding your eligibility or the compensation process, it’s recommended to consult with a legal professional specializing in personal injury claims. They can provide tailored advice and support for your specific situation.
Take proactive and informed steps to secure the compensation you deserve. Your recovery from injury is important, and with the right knowledge and support, you can navigate the claims process with confidence.