Helping you gear up for the “seismic changes” to low value RTA claims in England and Wales

The market is now set for a frantic three months of development to ensure systems are in place to deal with the claims from 31 May under the new regime.

As Ian Davies, our head of motor, said following the announcement of the new Pre-Action Protocol, Practice Direction and rule changes underpinning the whiplash reforms: “The market is now set for a frantic three months of development to ensure systems are in place to deal with the claims from 31 May under the new regime”.

The material released is detailed and extensive, but still has numerous areas to be clarified and some detail is still awaited. Working out what will impact your own claims is no easy task but do not worry - our dedicated teams are here to support you along the way. This snap shot guide will provide you with the 'need to know' headlines so far.

The headlines

  1. An increase in the small claims limit for RTA claims for personal injury to £5000.
  2. A new portal and all of the system challenges that brings.
  3. The requirement to respond within 30-days of the claim being received with a liability response including a statement of truth.
  4. The introduction of a tariff for soft tissue injuries.
  5. Costs and how the claimant market will respond.

A little more detail...

Increase in the small claims limit

  • Limit for personal injury claims arising from a RTA occurring on or after 31 May 2021 now £5000 (previously £1000).
  • Does not apply where: claimant is a child, protected party or vulnerable road user.


  • Pre-medical offers where whiplash is involved are prohibited
  • Upon submission of the Small Claims Notification Form (SCNF) the compensator has 30 days (MIB have 40 days) to provide a liability response which is to include a statement of truth
  • If the MIB identify a compensator, the compensator must inform the claimant of their involvement. There is no extension to the 40 days
  • If no response is received within 30 days, the claim is deemed to be admitted and will continue in the portal
  • Compensator offer must be made within 20 days of receipt of the claimant’s medical evidence and losses
  • Offers/counter offers to be responded to within 10 days. Maximum three counter offers


For soft tissue injuries suffered in RTAs:

Duration of injury

Amount – Regulation 2(1)(a)

Amount – Regulation 2(1)(b)

Not more than 3 months



3 to 6 months



6 to 9 months



9 to 12 months



12 to 15 months



15 to 18 months



18 to 24 months




  • Non-costs bearing until litigation
  • How will claims be funded – LEI & DBA?

What is next?

There is no doubt that the above will bring huge change. At this stage there are, as expected, a number of grey areas. Every release of information brings a degree of clarity and additional updates will be provided as we approach the implementation deadlines. Although judging by the number of questions on the MIB webinar last week and the MOJ webinar today a great many questions remain unanswered.

Additional support

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