Reforms to whiplash injury claims were introduced seven years ago by Part 1 of the Civil Liability Act 2018. Fixed tariffs were introduced where the injury or injuries lasted less than two years. Insurers and claimants were barred from settling claims before medical evidence had been produced.
At the same time, the threshold for the small claims track was raised from £1,000 to £5,000 for road traffic accident claims, bringing many more cases within its remit.
Addressing the House of Commons this week, justice minister Sarah Sackman KC said the MoJ will carry out a post-implementation review of these measures, and of the Official Injury Claim portal. The review will be published in the spring.
The MoJ launched a call for evidence this week, due to run until 22 December.
Law Society vice president Brett Dixon said the portal had got off to ‘a challenging start’.
‘We remain concerned about the length of time it takes to resolve road traffic claims, particularly those involving whiplash injuries,’ Dixon said.
‘With average settlement times now reported to be exceeding 600 days, there are serious questions about how cases are being managed within the portal. We hope this review will provide a clear picture of what is working and where improvements are needed, so that people with injuries are receiving fair and timely outcomes.’
