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Road Accidents: Examining The New Whiplash Tariff Scheme

Why are compensation claims for travel delays outweighing whiplash claims? It seems wrong, as Personal Injury legal experts at Tilly Bailey & Irvine Solicitors argue…

The Ministry of Justice intends to increase the small claims limit to £5,000 for RTA claims, meaning costs would no longer be recovered in cases worth less than that amount. 

UPDATE: The whiplash reform is now set to be introduced in 2021 rather than its original August deadline, as the Covid-19 pandemic has had what was described as an "unprecedented impact" on several sectors.

Tilly Bailey & Irvine is surprised to see that the reforms that have been brought in place for whiplash injuries will effectively see individuals being compensated more for flight delays than being injured through no fault of their own.

TBI comments that on train journeys we see multiple posters plastered up and down the carriages reading “delayed train your compensation is not far away”.

A news story recently published claimed that not enough people know they are entitled to compensation for delayed flights. Not only that, but it is clear that members of the public are actively encouraged to claim redress or compensation for being late, in respective of delayed trains or flights being the culprit.

Mark Ellis, a Partner and Personal Injury legal specialist at Tilly Bailey & Irvine Solicitors, believes that this distracts people from the far greater issues in travel compensation.

“Contrast this with injured people who are injured by someone else’s careless driving who must take time off work, go through physical pain and endure the impact on family and social life; now it appears these people are being eased away from attempts claim compensation.

“A three-hour flight delay is worth approximately £505 in compensation. The new personal injury reforms mean that three months of pain and suffering from a soft tissue injury will be only worth under the tariff £235. 

“This is completely unfair and unacceptable that being late is now being taken more seriously than being injured in a road traffic accident with a soft tissue injury. What also has to be borne in mind is the context that it is not about mistakes or mishaps”.

To put it simply, these injuries should never have happened in the first place.

Speak to TBI’s north east Solicitors near you about Personal Injury or Negligence online or by calling us on 0333 444 4422.