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Do whiplash tariffs apply in Scotland?
No. Scotland assesses whiplash claims case-by-case using medical evidence and Judicial College Guidelines.
Key differences from England & Wales:
- England & Wales introduced fixed whiplash tariffs in 2021 under the Civil Liability Act.
- Scotland rejected this approach - claims are assessed individually based on severity, duration, and impact.
- Medical evidence (GP notes, physiotherapy, consultant reports) is crucial in Scotland.
- Compensation depends on the specific facts of your case, not a fixed table.
What compensation is typical for whiplash?
Compensation varies based on severity, recovery time, and impact on daily life. The following are illustrative ranges only - not legal advice.
Minor whiplash (recovery in weeks/months)
Typical range: £1,000 - £3,000. Symptoms resolve within 3-6 months with physiotherapy. Minimal impact on work or daily activities.
Moderate whiplash (6-12 months recovery)
Typical range: £3,000 - £7,000. Ongoing symptoms requiring extended treatment. May include time off work, reduced ability to exercise, or persistent discomfort.
Severe or long-term whiplash
Higher ranges, case-specific. Symptoms lasting over 12 months, chronic pain, or permanent restrictions. Requires detailed medical evidence and expert assessment.
Important note:
These figures are illustrative only and not legal advice. Actual compensation depends on your specific circumstances, medical evidence, and legal assessment by an FCA-authorised firm.
What evidence helps a whiplash claim?
Strong medical evidence is essential for whiplash claims in Scotland. The following documentation strengthens your case:
GP and hospital notes
Attend your GP or A&E as soon as possible after the accident. Records should document the injury, symptoms, and diagnosis. Even if symptoms appear days later, get them recorded.
Physiotherapy records
Physiotherapy treatment notes show the severity of the injury, your progress, and recovery timescale. Keep all appointment records and discharge summaries.
Prescription and medication receipts
Prescriptions for painkillers, anti-inflammatories, or muscle relaxants demonstrate the level of pain and treatment required. Keep all receipts for reimbursement.
Diary of symptoms
A personal diary tracking pain levels, sleep disturbance, inability to work, or impact on daily activities provides valuable evidence. Note dates, severity (1-10), and specific limitations.
How long do whiplash claims take in Scotland?
Typically 6-12 months, depending on severity and insurer response. The timescale varies based on several factors:
Straightforward cases (6-9 months):
- Clear liability (rear-end collision, etc.)
- Good medical evidence
- Full recovery or predictable outcome
- Insurer accepts fault quickly
Complex cases (12-18+ months):
- Disputed liability
- Ongoing treatment or uncertain prognosis
- Insurer challenges medical evidence
- Court proceedings required
Why wait?
Most solicitors will not settle until you have either fully recovered or reached "maximum medical improvement" - the point where your condition has stabilised. Settling too early may mean you miss out on fair compensation.