header-logo header-logo

22 March 2023
Issue: 8018 / Categories: Legal News , Personal injury , Damages , Procedure & practice
printer mail-detail

Whiplash settlements at slow pace

Personal injury lawyers have highlighted problems with the Official Injury Claims (OIC) portal, including a rise in the average settlement time.

The OIC, which launched alongside wider whiplash reforms in May 2021, is used for road traffic accident injury claims worth less than £5,000. 

According to quarterly data (up to December 2022) published by the OIC last week, the volume of cases is rising, with 22,630 claims during the quarter compared to a total of 76,873 since it launched.

However, the figures also show a steady rise in the average settlement time from 45.2 days in the OIC’s first quarter after launch to, in subsequent quarters, 85 days, 139 days, 175 days, 208 days and, in the most recent quarter, 227 days.

The OIC report states: ‘This is to be expected as we are now seeing cases settle with more complex injuries and longer prognoses. It is likely to continue to rise.’

The Justice Committee began an inquiry last month into the impact of the 2021 whiplash reforms and how well the OIC is working. Submitting evidence this week, CILEX warned the rise in settlement times with cases taking three-quarters of a year to resolve is ‘being seen as a norm’.

CILEX questioned the accessibility of the portal for unrepresented lay claimants, who are often unable to ‘effectively collate’ the evidence, particularly since claims may be complex and intricate. Moreover, 88% of OIC claimants are legally represented but there is no costs recovery; therefore clients must pay lawyers out of their damages, which makes the work less financially viable, resulting in small and medium-sized firms dropping out of the whiplash claims market.

CILEX president Matthew Huggett said: ‘We would like to see better legal education, advice and guidance for those using the portal and ongoing monitoring to ensure that consumer choice is not being compromised.’

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll