The Whiplash Reforms started in 2021. They are considered a big step in the UK’s personal injury law. These reforms largely influence low-value whiplash claims from Road Traffic Accidents (RTAs). This allows online settlement of personal injury claims worth less than £5,000. Hence, you no longer need to go to court or get legal representation for these claims.
What are Whiplash Reforms About?
The Whiplash reforms were implemented on May 31, 2021. They were designed to deal with whiplash claims’ high volume and cost. The aim was to:
- Reduce the frequency of fraudulent claims
- Streamline the Whiplash claim process
- Lower insurance premiums for motorists
Key Differences from the Old Regulations
Whiplash reforms have brought the following changes to the previous rules regarding personal injury claims:
- The Official Injury Claim (OIC) Service was established.
- A new online portal was developed to help unrepresented claimants make claims directly.
- Whiplash compensation is now determined by the length of time symptoms persist. This whiplash tariff system replaces the previous system of negotiation.
- The limit for claims handled through the small claims court was increased. The £5,000 Small Claims Track (SCT) cap for whiplash claims involving RTAs was implemented in order to achieve this.
Who is Affected?
The whiplash reforms apply to claims arising from RTAs on or after May 31, 2021. Accidents that happened before that will be handled under the old regulations.
According to the OIC’s ‘Guide To Making A Claim,’ new whiplash reforms would apply to your claim if:
- For personal injury only, it is worth less than or equal to £5,000.
- For both injury and protocol damages, it is worth less than or equal to £10,000.
- You are 18 years or older at the time of entering your claim in the portal.
- You believe the accident occurred due to someone else’s fault.
- You have the details of the driver at fault.
- The number of the driver-at-fault’s vehicle was UK-registered.
Benefits of the Reforms
- The simpler and quicker whiplash claim process for unrepresented claimants
- Increased transparency with fixed compensation amounts
- Possible cutback in insurance premiums for motorists (although not guaranteed)
Challenges and Concerns
The impact of new whiplash rules can be concerning for some people. For instance:
- In comparison to the pre-reform system, whiplash injury compensation is lower.
- It can be potentially challenging for unrepresented applicants to understand the new procedure
- Worries regarding persons with more complicated claims’ ability to access the court system remain unaddressed.
Whiplash Reforms 2024 Update
In 2024, a FOIL (Forum Of Insurance Lawyers) roundtable was held, during which 2021 Whiplash Reforms and the Official Injury Claim (OIC) Portal were discussed. They discussed three options to address Pain, Suffering, and Loss of Amenity (PSLA) caused together by whiplash and non-whiplash injuries. These options were:
- Defendants’ approach: Total compensation based on the tariff amount and Common Law (CL) damages for PSLA caused by non-whiplash injuries
- Interveners’ and Claimants’ primary approach: Total compensation based on the tariff amount and CL damages for PSLA caused by whiplash and non-whiplash injuries
- Claimant’s secondary approach: Total compensation based on the tariff amount and CL damages for PSLA caused by whiplash and non-whiplash injuries, excluding the discretionary amount to prevent double reward for the same PSLA.
All three options were presented in the UK Supreme Court, where the third one was approved.
Conclusion
The 2021 Whiplash Reforms significantly changed the procedure for filing personal injury claims.
- Simplify the claims process is the goal of these modifications.
- Forbid lying to other people.
Moreover, the 2024 update made Whiplash Reforms simpler and more agreeable for both the claimants and insurance companies. These reforms help create a system that manages whiplash claims equitably and successfully.
All of your injuries are covered in detail by Concise Medico‘s medical witness reports. These records can be used to bolster your whiplash and personal injury claims.
