Reforms to personal injury whiplash claims introduced under the previous government have resulted in significant consequences for access to justice and claimant compensation, the Law Society of England and Wales said today.
Responding to the Ministry of Justice’s call for evidence as part of its post-implementation review of the Whiplash Reform Programme, the Law Society is concerned the reforms:
have not enabled claimants to pursue claims independently. An unexpectedly high number (89%) of claimants have been professionally represented since the Official Injury Claim (OIC) portal launched in 2021, despite the intention that it should be used by people acting without lawyers
create barriers to fair compensation and discourage meritorious claims, as claimants without legal expenses insurance face costs that are disproportionate to the available compensation, and
reduce consumer choice. Personal injury solicitors have faced a sharp decline in low-value road traffic accident (RTA) work, forcing firms to exit the market or diversify, which has contributed to the market shrinking
“As our members provide representation for both claimants and defendants in personal injury matters, including road traffic accident related whiplash claims, the Law Society is uniquely placed to respond to this call for evidence,” Law Society vice president Brett Dixon said.
“While we recognise the previous government’s intention in implementing the Whiplash Reform Programme, its aim has compromised access to justice and fair compensation for claimants.”
To improve access to justice, the Law Society recommends:
revising the small claims track limit to £1,500* to better reflect the complexity of RTA-related personal injury claims and the need for legal advice and representation
improving the OIC portal’s usability, visibility and legitimacy through simplification of the claims process, search engine optimisation, and branding
enhancing transparency of claimant outcomes and reform impacts through improved data collection and reporting and engagement with claimants, and
integrating systems and strengthening guidance, by linking the OIC portal with other civil justice services and providing clearer claimant guidance
Brett Dixon concluded: “Through its post-implementation review, the Ministry of Justice will wish to engage with all those affected to understand the implications of the new system. In particular, it should engage with claimants – represented and unrepresented – to better understand their experiences of whiplash claims under the reformed process.”
Notes to editors
*The previous government increased the small claims limit for whiplash injuries suffered in a road traffic accident increased from £1,000 to £5,000 in May 2021.
The Law Society’s call for evidence response is available upon request.
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