How do whiplash laws in Scotland differ from the rest of the UK?

What is whiplash?

Whiplash is a neck injury caused by sudden movement of the head. Whiplash typically happens after a traffic accident or a slip or fall. Common symptoms of whiplash include:

• neck pain
• neck stiffness and difficulty moving your head
• headaches
• pain and muscle spasms in the shoulders and arms

If you are suffering whiplash due to a collision on the road that was not your fault, there are laws in place to support you in getting compensation. However, depending on location, your claim may look different.

What is UK whiplash law?

On 31st May 2021, the Government implemented the Civil Liability Act 2018 (CLA) and the Whiplash Injury Regulations, more commonly known as the whiplash reforms. In UK this meant that if your claim was valued at less than £5000, any legal fees incurred in pursuing compensation could not be reclaimed from the defendant’s insurer. In most cases, this means that individuals in England and Wales must now pursue compensation without legal representation, as it is no longer cost effective to pay legal fees.

How do I pursue a whiplash claim in Scotland?

The whiplash reforms have only been introduced in England and Wales, so any accident which takes place in Scotland is not affected by the reforms. This means that when pursuing a claim for whiplash, the defendant will still be liable to cover the cost of your legal fees where your case is successful.

It is strongly recommended that you speak to a specialist whiplash solicitor when making a whiplash claim in Scotland. Our legal experts can help you understand the legal process, determine how much compensation you could be entitled to, and help you collect the evidence you need to ensure your claim is successful.

According to Scottish Law, you have three years to begin a whiplash claim against the party at fault, though we strongly advise that the claim is made as soon as possible.

If a child under the age of 16 is involved in a road traffic collision, they usually have 3 years to make a claim following their 16th birthday.

We are here to help

You may be able to claim for whiplash if you have suffered whiplash injuries caused by a road collision that was not your fault. In some instances, you may be able to claim if the accident was partly your fault. Whether you were a driver, passenger or pedestrian, our team of legal experts are here to help.

We’ve helped thousands of clients across Scotland secure the compensation they deserve to support their recovery, providing access to high-quality rehabilitation and treatment as well as financial support during any time taken out of work.

To learn more about how our specialist whiplash solicitors can support you, contact us online today or call us on 0330 041 5869