This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Whiplash Injury Regulations 2021 No. 642
2.—(1) Subject to regulation 3—
(a)the total amount of damages for pain, suffering and loss of amenity payable in relation to one or more whiplash injuries, taken together (“the tariff amount” for the purposes of section 5(7)(a) of the Act), is the figure specified in the second column of the following table; and
(b)the total amount of damages for pain, suffering and loss of amenity payable in relation to both one or more whiplash injuries and one or more minor psychological injuries suffered on the same occasion as the whiplash injury or injuries, taken together (“the tariff amount” for the purposes of section 5(7)(b) of the Act), is the figure specified in the third column of the following table—
| Duration of injury | Amount – Regulation 2(1)(a) | Amount – Regulation 2(1)(b) |
|---|---|---|
| Not more than 3 months | £240 | £260 |
| More than 3 months, but not more than 6 months | £495 | £520 |
| More than 6 months, but not more than 9 months | £840 | £895 |
| More than 9 months, but not more than 12 months | £1,320 | £1,390 |
| More than 12 months, but not more than 15 months | £2,040 | £2,125 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345. |
(2) In this regulation, “duration of injury” means—
(a)the duration, or likely duration, of the whiplash injury a person has suffered; or
(b)where a person suffers more than one whiplash injury on the same occasion, the whiplash injury of the longest duration, or likely longest duration, suffered on that occasion,
if the person were to take, or had taken, reasonable steps to mitigate the effect of that injury or those injuries.
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