Your tricky legal questions answered

‘Is my payout about to be cut?’

‘The changes don’t apply to riders with whiplash’

I was involved in an incident in early February when I was stationary at some traffic lights and a car shunted me from behind. Luckily I managed to stay on my bike, although I lurched forwards. It caused my head to be flung forward and back at some force with the weight of my helmet. I have since been suffering with neck and upper back issues. I want to wait and see how I recover before submitting a claim to the driver’s insurer, but the solicitor appointed by my insurer has told me that I must submit the claim before the end of May or I could get less payout due to changes being introduced. Is this correct? Ryan, email

A

Your solicitor is mistaken. He is thinking of the Whiplash Reforms that are coming in on May 31 2021. To tackle fraud and the so-called ‘compensation culture’ the Government is introducing a new tariff-based system for whiplash injuries which will pay significantly less compensation than is currently the case. For example, £240 for an injury lasting less than three months compared to over £1000 currently and also not allow the recovery of legal costs. Your solicitor has failed to realise that (a) the new rules only apply to accidents occurring on/ after May 31 and (b) the rules do not apply to vulnerable road users such as motorcyclists. Motorcyclists with whiplash can continue to use solicitors to maximise the claim values.