Is my compensation going to be cut?
I was involved in an incident in early February when I was stationary at some traffic lights when a car shunted me from behind. I was obviously not expecting it but luckily managed to stay on my bike but was lurched forwards. It caused my head to be flung forward and back with the weight of my helmet at some force. I have since been suffering with neck and upper back issues. I want to wait and see how I recover before submitting a claim to the car driver’s insurer but the solicitor appointed by my insurer has told me that I must submit the claim before the end of May otherwise I could get less compensation due to some changes being introduced. Is this correct?
Ryan, Huddesrfield, by e-mail
Answer
Your solicitor is mistaken. He is thinking of the Whiplash Reforms that are coming in on 31 May 2021. To tackle fraud and the so called “compensation culture” the Government is introducing a new tariff based system for whiplash injuries which will pay significantly less compensation than is currently the case. E.G. £240 for an injury lasting less than 3 months compared to over £1,000 currently and not allow the recovery of legal costs.
However your solicitor has failed to realise that (a) the new rules only apply to accidents occurring on/after 31 May and (b) the rules do not apply to vulnerable road users such as motorcyclists.
Motorcyclists with whiplash injuries can continue to use solicitors to maximise the claim values.
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