Review of the Whiplash Reform programme – Call for evidence

The Ministry of Justice launched a new consultation on 29 October 2025 in respect of the Whiplash Reform programme.  The programme, which was a sea-change for how low value whiplash injuries were dealt with, brought in sweeping changes including the introduction of Official Injury Claim (OIC), a statutory definition of whiplash, the increase of the small claims track to £5,000, fixed compensation tariffs and a ban on offers to settle without medical evidence. 

The aim of the programme was to reduce the number and cost of whiplash claims and produce savings for policyholders and well as to provide greater choice for claimants on how to make their claim. 

This call for evidence, following on the heels of the recent increase to the compensation tariffs, seeks to assist in the review of the process to see if it is working as intended. 

The consultation asks stakeholders to provide answers (as well as reasons and data in support) to the following questions:

1. Does the statutory definition of whiplash injury accurately capture all relevant claims?
2. To what extent has the introduction of a whiplash tariff enabled proportionate payment for claimants’ pain, suffering and loss of amenity?
3. How have the reforms affected claimants’ ability to receive compensation and access to justice? 
4. How has the increase to the small claims track impacted you/your organisation?
5. Have the amendments to the small claims track and the launch of the OIC portal supported claimants to register and progress their own claims where they choose to do so?
6. What changes would you like to see to support claimant choice with regards to making low value RTA related PI claims?
7. How visible/accessible is the OIC portal when a claimant needs to make a claim?
8. If you are an unrepresented claimant, or have experience engaging with unrepresented claimants, what is your/their experience of making a low value RTA related PI claim?
9. How has the Whiplash Reform Programme impacted the number of unmeritorious claims? 
10. How has the Whiplash Reform Programme impacted the level of motor insurance premiums? 
11. How has the Whiplash Reform Programme impacted costs for claimants, compensators or anyone else involved in the claims process?
12. Are there any other considerations not already discussed that should be taken into account as part of the review? 
13. How has the Whiplash Reform Programme affected people with protected characteristics?

Questions 9-11 are rather pointedly aimed at insurers particularly Question 10. The context to these questions is the assumption that savings arising from the Whiplash Reform Programme would be passed on to consumers.  The Government’s assessment when the process commenced was that an average of £35 per policy would be saved each year while this year’s report by the FCA indicated that the average saving to consumers was £31 per policy. 

The Government is keen to review the effectiveness of the programme and to confirm that needs of the stakeholders, be they claimant, consumer or insurer are all taken into account. The volume and tenor of evidence received from stakeholders is often a factor that can be persuasive when a Call for Evidence is completed, and it is likely that claimant and consumer organisations will be eager to make their views known.  

All relevant stakeholders are asked to respond to the consultation by 22 December 2025 with an analysis of responses and any changes expected in Spring 2026.