Government seeks fresh evidence via latest review of the whiplash reforms in England & Wales

On 29 October, the Ministry of Justice (MoJ) published a Call for Evidence (CfE) to inform its post-implementation review of the whiplash reforms.

View the Call for Evidence here

Those were largely implemented by Part 1 of the Civil Liability Act 2018 and by a range of secondary legislation. The publication of the CfE followed written statements in Commons and Lords. MoJ is seeking responses by 22 December 2025.

The whiplash reforms apply to low value road traffic accident (RTA) injury claims (valued below £5,000) occurring on or after 31 May 2021. The key elements of the reforms are

1. discounted fixed sums of statutory compensation for whiplash injuries and minor psychological injuries lasting up to 2 years
2. an increase in the Small Claims Track (SCT) limit from £1,000 to £5,000 for personal injury claims by adult occupants
3. a regulatory ban on settlement without appropriate medical evidence (i.e. a fixed cost medical report obtained via MedCo), and
4. the introduction of an online portal [“Official Injury Claim”] to enable claimants to progress their claims with/out legal representation.

The CfE invites stakeholders to provide meaningful, objective data and evidence in support of their responses – rather than new proposals for reform – and closes on 22 December 2025. Following that, the Government’s analysis of responses and any changes based on them is due for publication in Spring 2026. The eight-week response period is shorter than the more conventional 12 week period, which may (or may not) suggest that any changes resulting  from the CfE could be introduced in May 2026, i.e. five years after the reforms were first implemented.It remains unclear how this activity fits in with the ongoing work of the Government’s motor insurance task force, which is due to publish its final report before the end of the year.

The reforms were intended to reduce the number, and cost, of whiplash claims and associated impact on motor insurance premiums, which – according to HM Treasury’s statutory report published on 27 March 2025 – had saved motorists £15-£31 per policy between 2021 - 2024. Our experts – together with a guest speaker from Verisk – recently shared their insights on the impact of the reforms, four years post-implementation, during an on-demand webinar on 1 July 2025.

Whilst the CfE confirms that it was the previous Conservative government’s intention to reduce the number and cost of whiplash claims, the Ministerial Foreword is clear that “this government is committed to ensuring that regulation supports growth, delivers value for money, and fulfils our promise to control the cost of car insurance.”

The CfE asks a range of questions about whether the statutory definition (of whiplash injury) “accurately capture[s] all relevant claims”, how the reforms have “impacted the number of unmeritorious claims”, and the impact on costs for claimants and compensators. The final question (aside from those addressing equality issues)of the CFE asks “are there any other considerations not already discussed that should be taken into account as part of the review?” This open question may offer an opportunity to present views and evidence on the effects of ongoing inflation on the SCT limits (which were not adjusted in May 2025 when the tariffs were increased) and on how the increasing presentation of non-tariff injuries could be addressed to ensure that the stated aims of the reforms are not eroded.

Clyde & Co intends to prepare a response to the CfE that will draw from our claims data, from insights provided by our KYO capabilities and from the views of our motor teams dealing both with claims in scope and with claims on the boundaries of the whiplash reform programme.