IN THE NEWS
BRITISH MOTORISTS TO BE LEFT OUT OF POCKET UNDER NEW WHIPLASH CLAIMS SYSTEM
From 31st May, 2021, a long-delayed ‘Civil Liability Act’ will increase the Small Claims Track (SCT) limit for road traffic accident-related personal injury claims from £1,000 to £5,000 via amendments to the Civil Procedure Rules. Under the new ‘Whiplash Reform Pro- gramme’, compensation cases for whiplash and other soft tissue injuries will be significantly reduced as claims below £5,000 will no longer be subject to fast-track rules. Financially, both motorists and solici- tors will be left in a difficult spot, with the onus on the claimant to pay for legal representation, forcing massive changes in the motoring and solicitor market. Despite being pushed as a positive move by the UK Government, reducing an estimated £2bn cost-strain the
insurance industry has carried through dramatic increases in whiplash claims between 2006/07 and 2016/17, a new automated accident company believes the reforms present major headaches for British motorists moving forward. Colin Shaw, CEO of Call Brian, said: “The changes were delayed due to the Covid-19 pandemic and they now appear to have been stealthily imple- mented at a time when the public has been preoccupied with other things. “The Act means that a solicitor may reject certain claims on the grounds that the law firm would only be able to recover a small amount of compensa- tion for months of work with no certainty of winning.” From 31 May, claimants unfortunate enough to be in a RTA do have the abil- ity to settle small personal injury claims
without the need for legal representa- tion. Under the new rules, motorists can log their claims through the Gov- ernment’s Official Injury Claim portal. Yet in spite of its introduction, it is not being made clear to motorists that this will involve a lengthy digesting and understanding of a legal 64-page guide, as well as developing an under- standing of the MedCo system – which is used to facilitate the sourcing of medical reports in soft tissue claims brought under the Ministry of Justice. To boot, motorists will not only have to handle any initial medical fees incurred and use a MedCo approved expert, but also undertake a judicial review to esti- mate the cost of any additional injuries incurred in motor accidents, such as a simple broken finger for example. “It’s all incredibly bizarre,” added Colin.
12
JUNE 2021
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