By Alastair Chiswell, Solicitor Apprentice

In 2021 the UK government brought in the new Whiplash Injury Regulations. These regulations set how much compensation you’re due if you suffer whiplash as a result of a road traffic accident, with the compensation scaling upwards for longer term injuries, psychological damage and such. Because they’re set by the government, these new regulations can lead to pretty small amounts of compensation: for example, if you suffered whiplash injuries for 5 months AND minor psychological damages, you’d still only be due £520. We had a client in that exact same situation, and yet they walked away with over eight times as much in damages. Here’s how.

This was a case where a broad knowledge of traffic and road laws was vital. Our client was injured by a car driver, but they themselves were not in a car – they were actually a passenger in a tram. The Whiplash Injury Regulations are designed for “motor vehicle” accidents, but if we look back at the Road Traffic Act of 1998 it makes a clear distinction between “motor vehicles” and “tram cars”. It follows then that we could argue our client’s injuries don’t fall under the Whiplash Injury Regulations and they could therefore be granted much higher compensation.

And that’s exactly what happened.

Instead of the £520 they’d have been due if we hadn’t called back to the 1998 Act, they instead walked away with £4,250 in compensation after a judge ruled in favour of our argument.

If another solicitor had funnelled our client through the system they’d have walked away with a lot less compensation than deserved. If you want a solicitor at your back who will do everything they can to get you your full compensation, even if your insurers have already assigned you a solicitor, then give our Personal Injury team a call on 0161 928 3848 or email mch@mchaleandco.co.uk