Civil Liability Act 2018

Category: Statutes and regulation · Reviewed by the Apex broking team · Last reviewed 2026-08-22 · ~5 min read

Part 1: whiplash

Section 1 defines a whiplash injury as an injury of soft tissue in the neck, back or shoulder, being a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or an injury of soft tissue associated with such a muscle, tendon or ligament. Injuries of soft tissue that are part of or connected to another, different injury are excepted. Subsection (4) confines the regime to injuries suffered because of driver negligence while using or being carried in a motor vehicle other than a motor cycle, on a road or other public place in England or Wales.

Section 3 applies where the duration of the whiplash injury does not exceed, or is not likely to exceed, two years, or would not have but for a failure to mitigate. In such a case the damages for pain, suffering and loss of amenity are the amount specified in regulations made by the Lord Chancellor, with separate provision for minor psychological injuries suffered on the same occasion. Nothing in the section prevents a court awarding damages reflecting the combined effect of injuries where there are others outside the tariff, and contributory negligence still applies.

Part 1 came into force on 31 May 2021.

The tariff

The amounts are set by the Whiplash Injury Regulations 2021, which came into force on 31 May 2021 and were amended by the Whiplash Injury (Amendment) Regulations 2025 with effect from 31 May 2025. Two tables now apply: Table 1 where the cause of action accrued before 31 May 2025, and Table 2 where it accrued on or after that date.

Under Table 2, for an injury of not more than 3 months the tariff is £275, or £300 where there is also a minor psychological injury; for more than 3 but not more than 6 months, £565 or £595; for more than 6 but not more than 9 months, £965 or £1,025; for more than 9 but not more than 12 months, £1,510 or £1,595; for more than 12 but not more than 15 months, £2,335 or £2,435; for more than 15 but not more than 18 months, £3,445 or £3,550; and for more than 18 but not more than 24 months, £4,830 or £4,975.

Regulation 3 allows a court to award more than the tariff in exceptional circumstances, where the degree of pain, suffering or loss of amenity makes it appropriate and either the injury is exceptionally severe or the claimant’s circumstances are exceptional. The uplift may not exceed the relevant tariff amount by more than 20 per cent.

Settling before a medical report

Section 6 makes it a breach for a regulated person who knows or has reason to suspect that a whiplash claim is being made to invite, offer, make or accept a payment in settlement of the claim without first seeing appropriate evidence of the injury. The provision bites on claimant and defendant representatives alike and was aimed at the practice of pre-medical offers.

Section 10 and the discount rate

Section 10 inserted section A1 and Schedule A1 into the Damages Act 1996. Section A1 requires a court determining the return to be expected from the investment of a lump sum awarded for future pecuniary loss in a personal injury action to take into account the rate of return prescribed by order of the Lord Chancellor, unless a party shows a different rate is more appropriate; different rates may be prescribed for different classes of case.

Schedule A1 sets the review machinery: the Lord Chancellor must review the rate periodically, each review after the first starting within five years of the conclusion of the last, and must consult the Government Actuary and the Treasury.

The rate currently prescribed for England and Wales is 0.5 per cent, set by the Damages (Personal Injury) (England and Wales) Order 2024, which came into force on 11 January 2025. Scotland and Northern Ireland set their rates separately.

Why it matters to insurance buyers

The discount rate is the single largest technical driver of the cost of serious injury claims. A lower rate produces larger lump sums for future loss, and feeds directly into motor, employers’ liability and public liability pricing and reserving. Movements in the rate are felt in premiums well before they are felt in individual claims.

The whiplash tariff works in the opposite direction, compressing the value of the highest-volume, lowest-value motor injury claims. For a fleet operator or a business with a motor exposure, the practical consequences are in claims handling: low-value injury claims follow a prescribed route with prescribed values, while the serious end of the book remains driven by the discount rate and by periodical payment orders.

Frequently asked questions

Does the whiplash tariff apply across the UK?

No. Part 1 of the Civil Liability Act 2018 extends to England and Wales, and section 1(4) confines it to injuries suffered on a road or other public place in England or Wales.

Can a court award more than the tariff amount?

Yes, in exceptional circumstances under regulation 3 of the Whiplash Injury Regulations 2021, but the uplift may not exceed the relevant tariff amount by more than 20 per cent.

What is the personal injury discount rate now?

For England and Wales it is 0.5 per cent, prescribed by the Damages (Personal Injury) (England and Wales) Order 2024 with effect from 11 January 2025. Scotland and Northern Ireland set their rates separately.

Does the tariff cover injuries lasting more than two years?

No. Section 3 applies only where the duration of the whiplash injury does not exceed, or is not likely to exceed, two years. Longer-lasting injuries are assessed in the ordinary way.

Related entries

• Motor insurance
• Compulsory motor insurance
• Employers' liability insurance
• Public liability insurance
• Damages-based agreements
• Commercial insurance UK

This entry is part of the Apex Insurance Wiki. It states the position as at August 2026. Last reviewed 2026-08-22. Next review: 2027-02-22. It is general insurance information, not legal advice, and it is not regulated advice on a specific policy.

Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority (FRN 724952). This page is general information, not advice on a specific policy.