Whiplash reforms delayed to 2020

Read time: 3 minutes

News & Blog News Whiplash reforms delayed to 2020

Whiplash reforms delayed to 2020

Read time: 3 minutes
A further delay to the proposed reforms in the personal injury sector has been announced by The Ministry of Justice which is now intended to be implemented in April 2020 rather than April 2019.

In the government’s response to the Select Committee’s report on the Small Claims Limit for Personal Injury it states that it is “acutely aware that the proposed approach will fundamentally transform how whiplash claims are handled and that any concerns around access to justice have to be addressed promptly”.

The proposed changes include

  • a tariff of fixed compensation for pain, suffering and loss of amenity (PSLA) for whiplash claims with a duration of up to two years,
  • a ban on offering to settle whiplash claims without medical evidence and
  • an increase in the ‘small claims track’ limit for RTA related personal injury claims to £5,000.00 to be introduced through a mix of primary and secondary legislative measures.

The new processes will require an on-line platform for the pre-action stages of claims requiring extensive user testing to ensure it is user friendly for all applicants. The MOJ says that it is “crucial that these reforms and the implementation of the online platform is done right rather than quickly”.

The government maintains that its proposed reforms address concerns about the continued high cost and volume of whiplash claims and that it is committed to their control and reduction. The reforms “ensure genuine claimants will continue to receive proportionate compensation for their injury and importantly will also dis-incentivise and control unmeritorious claims”.

The on-line platform is expected to be ready for ‘large-scale testing’ by October 2019 and we shall report on progress as matters develop.

 

Paul Lavelle

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