Call for evidence: Whiplash Reforms post-implementation review - Law Society response

Overview of the call for evidence

The MoJ asked for views on several key areas, including:

• whether the statutory definition of whiplash injury and the tariff system accurately reflect claimants’ pain, suffering, and loss of amenity
• the impact of reforms on access to justice, including whether claimants can pursue claims independently through the Official Injury Claim (OIC) portal and unrepresented claimants’ experiences
• the effect of increasing the small claims track limit and introducing the OIC portal on claimant choice
• the impact of the reforms on unmeritorious claims, motor insurance premiums, and costs for those involved in the claims process

Our view and recommendations

Our analysis shows that the reforms have not achieved their intended aims and have had significant unintended consequences:

• Despite the introduction of the OIC portal, 89% of claimants still seek professional representation, often at their own expense, reducing compensation and deterring well-founded claims
• The whiplash tariff does not provide proportionate compensation, and complexity around mixed injuries has increased litigation
• The rise in the small claims track limit has made low-value RTA work financially unviable for many firms, leading to a consolidated and shrinking market, and reduced consumer choice
• The OIC portal lacks visibility and usability, creating barriers for claimants and undermining confidence in the system

We recommended:

• revising the small claims track limit to £1,500
• improving the OIC portal’s accessibility and branding
• enhancing transparency through better data collection and reporting

Next steps

The call for evidence forms part of a broader post-implementation review of the Whiplash Reform Programme.

We will continue to engage with the MoJ and advocate for changes that restore access to justice and ensure fair compensation for claimants and highlight the importance of legal advice and representation.

For more information see the Ministry of Justice’s overview of the call for evidence.