Whiplash Reforms 2021 – A Complete Guide

Last Updated: April 19th, 2024Total Views: 2204Daily Views: 25.7 min read1300 wordsCategories: Blogs

Whiplash Reforms 2021 – A Complete Guide

Last Updated: April 19th, 2024Views: 22045.7 min read1300 wordsCategories: Blogs

Whiplash Reforms 2021 – A Complete Guide

Last Updated: April 19th, 2024Views: 22045.7 min read1300 wordsCategories: Blogs

Whiplash Reforms 2021 – A Complete Guide

Last Updated: April 19th, 2024Views: 22045.7 min read1300 wordsCategories: Blogs

TABLE OF CONTENT

The Whiplash Reforms 2021?

The 2021 whiplash reforms relate to personal injury claims for road traffic accidents (RTAs). Before delving into what exactly are the whiplash reforms and how they might affect your claim, below is the table of content that can assist you in what exactly you are looking for and take you straight into that section by clicking.

The Whiplash Reforms 2021?

The 2021 whiplash reforms relate to personal injury claims for road traffic accidents (RTAs). Before delving into what exactly are the whiplash reforms and how they might affect your claim, below is the table of content that can assist you in what exactly you are looking for and take you straight into that section by clicking.

Whiplash Reforms 2021

Overview

Whiplash Reforms 2021

Overview

The whiplash reforms 2021 are a collection of carefully chosen measures by the Government to redesign how “low-value personal injury claims” that emerge from road traffic accidents are administered. Hence, for a long time, insurance companies have been lobbying for adjustments to the conventional way of processing these claims.

Therefore, the insurance companies are convinced that the current process would minimise the volume of low-value claims they receive. Consecutively, it is expected that the savings made by insurers will help scale down the insurance premiums for motorists.

The whiplash reforms 2021 are a collection of carefully chosen measures by the Government to redesign how “low-value personal injury claims” that emerge from road traffic accidents are administered. Hence, for a long time, insurance companies have been lobbying for adjustments to the conventional way of processing these claims.

Therefore, the insurance companies are convinced that the current process would minimise the volume of low-value claims they receive. Consecutively, it is expected that the savings made by insurers will help scale down the insurance premiums for motorists.

What is a Whiplash Injury?2023-07-03T09:18:04+05:00

The whiplash reforms of 2021 define whiplash injury as a soft-tissue injury. Hence, back, neck, or shoulder injuries are considered part of whiplash (Whiplash, 2021).

Thus, this includes

  • Infliction of muscles, ligaments, or tendons (i.e. sprains and strains, tears, ruptures, or less severe damages;
  • Soft-tissue damage is associated with muscles, ligaments, or tendons.
When did the whiplash reforms come into effect?2023-07-03T09:17:56+05:00

The implementation date of the whiplash reforms was 31 May 2021. However, these measure are only applicable resulting from accident injuries within or after 31 May 2021.

On the other hand, if the accident took place before 31 May, in that case, the old laws will be applicable (Whiplash Reforms Come Into Force on 1st June, 2021).

Where to find more information about the new OIC System?2023-07-03T09:17:48+05:00

You can always find the latest and updated information about the new OIC System on Concise Medico and the Official Injury Claim website.

Are Whiplash Reforms 2021 going to affect my claims?2023-07-03T09:17:41+05:00

Under the following circumstances, the new whiplash reforms 2021 are applicable:

  • Age over 18.
  • Injured in a road traffic accident.
  • The accident occurred on or after the 31st of May 2021.
  • Endured whiplash injuries.
  • Where a driver or a passenger of a motor vehicle (not included are motorbikes and scooters).
  • Injuries are worth less than £5000. The total value of your claim is less than £10000

Changes that will affect you:

  • Claims will have to be made through a new Official Injury Claim Portal.
  • Whiplash injuries will be evaluated under the authority of a fixed tariff.
  • Your claims do not incorporate the Legal fees or costs.
  • Instructing solicitors or engaging any legal representation to assist you in bringing your claim cannot occur.
  • Medical reports can be used as evidence in a claim.

 

How do we ensure insurance companies pass on the claimants’ benefits?2023-07-03T09:17:33+05:00

In this regard, the Government agrees to make a firm commitment to passing on the savings to claimants and insurers. With the Civil Liability Act 2018, the insurance company must disclose all information to the party seeking coverage (Over £1 billion savings for motorists as whiplash reforms come into force, 2022).

Moreover, all the insurance companies are required to provide the information. the deadline to provide information is 1 October 2023. Once that is done, the Government can assess whether the benefits of reforms are passed on. On the bases of the assessment, the Government will present the report in Parliament.

What is an official injury claim service?2023-07-03T09:17:24+05:00

Official Injury Claim service is an independent and free service for injured people. Only for the injuries that take place during road traffic accidents. A service that helps in claims compensation without any legal help. The Ministry of Justice is operating the Official Injury Claim.

What is a Whiplash Injury?2023-07-03T09:18:04+05:00

The whiplash reforms of 2021 define whiplash injury as a soft-tissue injury. Hence, back, neck, or shoulder injuries are considered part of whiplash (Whiplash, 2021).

Thus, this includes

  • Infliction of muscles, ligaments, or tendons (i.e. sprains and strains, tears, ruptures, or less severe damages;
  • Soft-tissue damage is associated with muscles, ligaments, or tendons.
When did the whiplash reforms come into effect?2023-07-03T09:17:56+05:00

The implementation date of the whiplash reforms was 31 May 2021. However, these measure are only applicable resulting from accident injuries within or after 31 May 2021.

On the other hand, if the accident took place before 31 May, in that case, the old laws will be applicable (Whiplash Reforms Come Into Force on 1st June, 2021).

Where to find more information about the new OIC System?2023-07-03T09:17:48+05:00

You can always find the latest and updated information about the new OIC System on Concise Medico and the Official Injury Claim website.

Are Whiplash Reforms 2021 going to affect my claims?2023-07-03T09:17:41+05:00

Under the following circumstances, the new whiplash reforms 2021 are applicable:

  • Age over 18.
  • Injured in a road traffic accident.
  • The accident occurred on or after the 31st of May 2021.
  • Endured whiplash injuries.
  • Where a driver or a passenger of a motor vehicle (not included are motorbikes and scooters).
  • Injuries are worth less than £5000. The total value of your claim is less than £10000

Changes that will affect you:

  • Claims will have to be made through a new Official Injury Claim Portal.
  • Whiplash injuries will be evaluated under the authority of a fixed tariff.
  • Your claims do not incorporate the Legal fees or costs.
  • Instructing solicitors or engaging any legal representation to assist you in bringing your claim cannot occur.
  • Medical reports can be used as evidence in a claim.

 

How do we ensure insurance companies pass on the claimants’ benefits?2023-07-03T09:17:33+05:00

In this regard, the Government agrees to make a firm commitment to passing on the savings to claimants and insurers. With the Civil Liability Act 2018, the insurance company must disclose all information to the party seeking coverage (Over £1 billion savings for motorists as whiplash reforms come into force, 2022).

Moreover, all the insurance companies are required to provide the information. the deadline to provide information is 1 October 2023. Once that is done, the Government can assess whether the benefits of reforms are passed on. On the bases of the assessment, the Government will present the report in Parliament.

What is an official injury claim service?2023-07-03T09:17:24+05:00

Official Injury Claim service is an independent and free service for injured people. Only for the injuries that take place during road traffic accidents. A service that helps in claims compensation without any legal help. The Ministry of Justice is operating the Official Injury Claim.

Whiplash Reforms 2021

Unrepresented Claimants Process

Whiplash Reforms 2021

Unrepresented Claimants Process

To ensure that the services provided are efficient, accessible and fair, substantial work has been undertaken. Therefore, the service is designed carefully with the claimant firmly. Hence, it is user-friendly, modern and supported by proper guidance.

To ensure that the services provided are efficient, accessible and fair, substantial work has been undertaken. Therefore, the service is designed carefully with the claimant firmly. Hence, it is user-friendly, modern and supported by proper guidance.

How can unrepresented claimants understand the process?2023-07-03T09:17:16+05:00

For unrepresented claimants, a new process, Pre-Action Protocol, offers a way for parties to negotiate settlements with equity. Therefore, this gives power to the people instead of leaving it up to their lawyers. It provides what steps they need to follow if they are required to initiate the court process.

However, it is essential to note that the OIC service has been created to meet the guidelines in the PAP. Thus, those who submit their claims through the OIC. Will automatically satisfy all the requirements of PAP (What Whiplash Reforms Mean for Personal Injury Claims | claims.co.uk ™, 2022). This guide to filing a claim offers additional guidelines for claimants, and the helpline can offer assistance.

How do I get this Guide to Making a Claim?2023-07-03T09:17:08+05:00

Visit the official injury claim portal to understand the process of making a claim. However, it is essential to note that you don’t have to read the complete guide before submitting an assertion, but you should consult it when you require assistance during the procedure.

How can unrepresented claimants understand the process?2023-07-03T09:17:16+05:00

For unrepresented claimants, a new process, Pre-Action Protocol, offers a way for parties to negotiate settlements with equity. Therefore, this gives power to the people instead of leaving it up to their lawyers. It provides what steps they need to follow if they are required to initiate the court process.

However, it is essential to note that the OIC service has been created to meet the guidelines in the PAP. Thus, those who submit their claims through the OIC. Will automatically satisfy all the requirements of PAP (What Whiplash Reforms Mean for Personal Injury Claims | claims.co.uk ™, 2022). This guide to filing a claim offers additional guidelines for claimants, and the helpline can offer assistance.

How do I get this Guide to Making a Claim?2023-07-03T09:17:08+05:00

Visit the official injury claim portal to understand the process of making a claim. However, it is essential to note that you don’t have to read the complete guide before submitting an assertion, but you should consult it when you require assistance during the procedure.

Valuation-Of-Claims-Additional-Tariff-Medical-Reports-Whiplash-Reforms-2021

Valuation of Claims

Valuation-Of-Claims-Additional-Tariff-Medical-Reports-Whiplash-Reforms-2021

Valuation of Claims

The insurance value is an option in the majority of insurance policies which specifies the amount that an insured person will receive in the case of a covered loss. It lays out the foundation for settling an insurance claim.

The insurance value is an option in the majority of insurance policies which specifies the amount that an insured person will receive in the case of a covered loss. It lays out the foundation for settling an insurance claim.

How does a claimant determine the merits of the claim?2023-07-03T09:17:01+05:00

If you as a claimant cannot establish the merits of the claim and the value of an injury claim with certainty at the beginning of the claim. OIC will guide the claimant through the service and assist them in understanding the extent of the Tariff. The medical report may also assist the unrepresented claimant in understanding the significance of the impact of injuries.

The OIC will connect its users to information about the legal guidelines for different start scales, which will help them anticipate how much their case is worth. These guidelines are utilised by courts to evaluate the value of claims.

How does a claimant determine the merits of the claim?2023-07-03T09:17:01+05:00

If you as a claimant cannot establish the merits of the claim and the value of an injury claim with certainty at the beginning of the claim. OIC will guide the claimant through the service and assist them in understanding the extent of the Tariff. The medical report may also assist the unrepresented claimant in understanding the significance of the impact of injuries.

The OIC will connect its users to information about the legal guidelines for different start scales, which will help them anticipate how much their case is worth. These guidelines are utilised by courts to evaluate the value of claims.

Additional-Tariff-Medical-Reports-Whiplash-Reforms-2021

Additional Tariff

Additional-Tariff-Medical-Reports-Whiplash-Reforms-2021

Additional Tariff

The Government gave thoughtful consideration to the issue and didn’t rush to a conclusion. The tariff was necessary. The consultation process thoroughly discussed the advantages and disadvantages of the tax in Parliament before it was enacted into law (Whiplash Injury Regulations 2021, 2022).

The Government gave thoughtful consideration to the issue and didn’t rush to a conclusion. The tariff was necessary. The consultation process thoroughly discussed the advantages and disadvantages of the tax in Parliament before it was enacted into law (Whiplash Injury Regulations 2021, 2022).

Instead of utilising the current judicial college’s rules, why did Government introduce an additional tariff?2023-07-03T09:16:52+05:00

The new tariff offers claimants certainty, clarity and predictability regarding the worth of their claim. It also provides amounts set by Lord Chancery. Ensure that the appropriate compensation amount is paid out and costs are managed.

How were the levels of tariff established?2023-07-03T09:16:45+05:00

When setting the figures, the Government has considered a range of elements, including the recommended guidelines on compensation established by the judiciary. The typical amount of whiplash compensation and the general government goals are to manage costs and assist consumers by reducing costs. Collected data from various sources, including insurance companies’ settlement data and government agencies. The tariffs were re-rated to reflect the inflation rate and sought the opinions of Chief Justices before the figures were made final.

What tariff is used to price whiplash injuries?2023-07-03T09:16:36+05:00

The reforms have changed the tariff that is used to value whiplash injuries. The award of compensation is determined solely by the duration of the injury. Whether or not there were psychological symptoms.

Courts can also apply a 20% increase to tariff awards in “exceptional circumstances”(DAMAGES, ENGLAND AND WALES LEGAL SERVICES, ENGLAND AND WALES, 2021).

Duration Of Injury Lower Tariff Upper Tariff
(with Psychological Injuries)
Not more than 3 months £240 £260
More than 3 months but not more than 6 months £495 £520
More than 6 months but not more than 9 months £840 £895
More than 9 months but not more than 12 months £1,320 £1,390
More than 12 months but not more than 15 months £2,040 £2,125
More than 15 months but not more than 18 months £3,005 £3,100
More than 18 months but not more than 24 months £4,215 £4,345
What does “exceptionality” mean?2023-07-03T09:16:26+05:00

The definition is under section 5 of the Civil Liability Act, and what is considered exceptional will be specific to the individual plaintiffs.

Are the tariff figures examined, e.g. every three years or with a suitable inflation measure?2023-07-03T09:16:18+05:00

The Act mandates that the MoJ review the tariff after three years and every 3 years thereafter.

What are the best ways of solving the mixed tariff case?2023-07-03T09:16:10+05:00

Injuries from accidents are not always related to a typical whiplash movement. The court is not impeded by law from awarding compensation that reflects the cumulative impact of the injuries suffered.

In the end, however, the courts will have to decide the best way to deal with mixed injuries, and we believe that the courts’ expertise will be able to resolve these disputes on a day-to-day basis.

The Ministry of Justice is aware of the work carried out by the working group of cross-sector experts on mixed injuries. They favour the principle of industry collaboration to enhance the claim process for the injured.

Can OIC Portal cater to mixed injuries claims?2023-07-03T09:16:00+05:00

Yes. The protocol is designed to be used in conjunction with whiplash-related injuries. If the total value of the component exceeds £5,000, it does not need to be repaired. (Whiplash Claims – How Much Compensation Can You Claim For Whiplash? 2022). In that case, Claims Portal could be the ideal place to begin claims, but as long as it is within limits set out in the Pre-Action Protocol for Low-Value Personal Injury Claims arising from road Traffic Accidents.

Instead of utilising the current judicial college’s rules, why did Government introduce an additional tariff?2023-07-03T09:16:52+05:00

The new tariff offers claimants certainty, clarity and predictability regarding the worth of their claim. It also provides amounts set by Lord Chancery. Ensure that the appropriate compensation amount is paid out and costs are managed.

How were the levels of tariff established?2023-07-03T09:16:45+05:00

When setting the figures, the Government has considered a range of elements, including the recommended guidelines on compensation established by the judiciary. The typical amount of whiplash compensation and the general government goals are to manage costs and assist consumers by reducing costs. Collected data from various sources, including insurance companies’ settlement data and government agencies. The tariffs were re-rated to reflect the inflation rate and sought the opinions of Chief Justices before the figures were made final.

What tariff is used to price whiplash injuries?2023-07-03T09:16:36+05:00

The reforms have changed the tariff that is used to value whiplash injuries. The award of compensation is determined solely by the duration of the injury. Whether or not there were psychological symptoms.

Courts can also apply a 20% increase to tariff awards in “exceptional circumstances”(DAMAGES, ENGLAND AND WALES LEGAL SERVICES, ENGLAND AND WALES, 2021).

Duration Of Injury Lower Tariff Upper Tariff
(with Psychological Injuries)
Not more than 3 months £240 £260
More than 3 months but not more than 6 months £495 £520
More than 6 months but not more than 9 months £840 £895
More than 9 months but not more than 12 months £1,320 £1,390
More than 12 months but not more than 15 months £2,040 £2,125
More than 15 months but not more than 18 months £3,005 £3,100
More than 18 months but not more than 24 months £4,215 £4,345
What does “exceptionality” mean?2023-07-03T09:16:26+05:00

The definition is under section 5 of the Civil Liability Act, and what is considered exceptional will be specific to the individual plaintiffs.

Are the tariff figures examined, e.g. every three years or with a suitable inflation measure?2023-07-03T09:16:18+05:00

The Act mandates that the MoJ review the tariff after three years and every 3 years thereafter.

What are the best ways of solving the mixed tariff case?2023-07-03T09:16:10+05:00

Injuries from accidents are not always related to a typical whiplash movement. The court is not impeded by law from awarding compensation that reflects the cumulative impact of the injuries suffered.

In the end, however, the courts will have to decide the best way to deal with mixed injuries, and we believe that the courts’ expertise will be able to resolve these disputes on a day-to-day basis.

The Ministry of Justice is aware of the work carried out by the working group of cross-sector experts on mixed injuries. They favour the principle of industry collaboration to enhance the claim process for the injured.

Can OIC Portal cater to mixed injuries claims?2023-07-03T09:16:00+05:00

Yes. The protocol is designed to be used in conjunction with whiplash-related injuries. If the total value of the component exceeds £5,000, it does not need to be repaired. (Whiplash Claims – How Much Compensation Can You Claim For Whiplash? 2022). In that case, Claims Portal could be the ideal place to begin claims, but as long as it is within limits set out in the Pre-Action Protocol for Low-Value Personal Injury Claims arising from road Traffic Accidents.

Medical-Reports-Whiplash-Reforms-2021

Medical Reports

Medical-Reports-Whiplash-Reforms-2021

Medical Reports

OIC is an integrated service. OIC system is wholly integrated into MedCo, and after the at-fault insurer receives the liability decision, the claimant can use the system to get their report

OIC is an integrated service. OIC system is wholly integrated into MedCo, and after the at-fault insurer receives the liability decision, the claimant can use the system to get their report

How do unrepresented claimants access their medical reports?2023-07-03T09:15:51+05:00

OIC is an integrated service. OIC system is wholly integrated into MedCo, and after the at-fault insurer receives the liability decision, the claimant can use the system to get their report. Claimants may search for an expert in medical treatment directly (DME) or an organisation for medical reporting (MRO) to complete their report.

Hence Concise Medico is one of the Medical Reporting agencies. If the at-fault insurance company has accepted any liability, they’ll also be responsible for the report.

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Prioritise your Mental Health.

Give us a Phone Call or Contact Us from getting the RIGHT Help.

Prioritise your Mental Health.

How can unrepresented claimants comprehend their medical reports?2023-07-03T09:15:38+05:00

Minister for Justice and Equality Charlie Flanagan has agreed with the Minister for Health and Social Care, Simon Harris, to ensure that medical reports are easily accessible so citizens may receive accurate information about their injuries. The report’s author is obliged under new regulations to upload pertinent information from their medical reports to the appropriate service so that the patient can review it and decide whether or not to accept it. Additional requirements for DMEs and MROs are being created to ensure that the unrepresented clients are supported throughout the process of submitting medical reports.

If the initial medical report suggests, they need another specialist.2023-07-03T09:15:30+05:00

The assumption is that the majority of applicants will require only one report. However, medical professionals must provide details about the specialist they require. Therefore, this process also permits the claimant to obtain their medical report via an MRO (if they decide to utilise one), or the at-fault insurer could assist the claimant in arranging the second report if necessary.

Are medical experts aware of what tariff band they are?2023-07-03T09:15:22+05:00

Yes, medical professionals know about the various bands. They discussed with MedCo during the entire process and gave the required training to MROs and experts. However, if the prognosis is stretched between two bands, you must use the second band.

Is it possible to obtain an official medical report before applying for reimbursement?2023-07-03T09:15:12+05:00

If someone has been injured on the job, they should seek treatment but should not get a medical opinion before filing a claim. Therefore, the Pre-Action Protocol discourages this, which could be punished for failure to use the appropriate portal process, either in rules 45.24 or 45.29M.

Who pays for a medical report(s) if a non-represented applicant files the claim?2023-07-03T09:15:01+05:00

If the at-fault insurer has agreed to accept any part of the liability, they’ll be responsible for the report downloaded and relied on by the applicant. OIC is a program integrated into MedCo, and once the at-fault insurer receives the liability decision, the claimant can move through the system to obtain their report.

If the claimant is denied 100% rejection of responsibility, they will need to know about their potential legal rights. They’ll be required to determine the best way to gather evidence to back their claim. Moreover, Practice Direction 27B states that the court determines liability without recourse to a medical examination. If the person compensated is liable by the judge, then must seek a medical report.

What happens to the payment is a business decision made by the report service provider and the insurer at fault. However, it is not the right thing for the Government to offer advice on this matter.

How do unrepresented claimants access their medical reports?2023-07-03T09:15:51+05:00

OIC is an integrated service. OIC system is wholly integrated into MedCo, and after the at-fault insurer receives the liability decision, the claimant can use the system to get their report. Claimants may search for an expert in medical treatment directly (DME) or an organisation for medical reporting (MRO) to complete their report.

Hence Concise Medico is one of the Medical Reporting agencies. If the at-fault insurance company has accepted any liability, they’ll also be responsible for the report.

<”div” class="fusion-layout-column fusion_builder_column_inner fusion-builder-nested-column-5 fusion-flex-column fusion-flex-align-self-”auto” fusion-no-small-visibility fusion-no-medium-visibility fusion-no-large-visibility fusion-column-inner-bg-wrapper" style="--awb-inner-bg-position:”left;--awb-inner-bg-blend:”none”;--awb-inner-bg-repeat:”no-repeat”;--awb-transform:scaleX(”1″) scaleY(”1″);--awb-transform-hover:scaleX(”1″) scaleY(”1″);--awb-filter:hue-rotate(”0″deg) saturate(”100″%) brightness(”100″%) contrast(”100″%) invert(”0″%) sepia(”0″%) opacity(”100″%) blur(”0″px);--awb-filter-transition:filter 0.3s ease;--awb-filter-hover:hue-rotate(”0″deg) saturate(”100″%) brightness(”100″%) contrast(”100″%) invert(”0″%) sepia(”0″%) opacity(”100″%) blur(”0″px);--awb-margin-top-large:20px;--awb-spacing-right-large:2%;--awb-margin-bottom-large:20px;--awb-spacing-left-large:2%;--awb-order-medium:0;--awb-spacing-right-medium:2%;--awb-spacing-left-medium:2%;--awb-width-small:100%;--awb-order-small:0;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;">

Prioritise your Mental Health.

Give us a Phone Call or Contact Us from getting the RIGHT Help.

Prioritise your Mental Health.

How can unrepresented claimants comprehend their medical reports?2023-07-03T09:15:38+05:00

Minister for Justice and Equality Charlie Flanagan has agreed with the Minister for Health and Social Care, Simon Harris, to ensure that medical reports are easily accessible so citizens may receive accurate information about their injuries. The report’s author is obliged under new regulations to upload pertinent information from their medical reports to the appropriate service so that the patient can review it and decide whether or not to accept it. Additional requirements for DMEs and MROs are being created to ensure that the unrepresented clients are supported throughout the process of submitting medical reports.

If the initial medical report suggests, they need another specialist.2023-07-03T09:15:30+05:00

The assumption is that the majority of applicants will require only one report. However, medical professionals must provide details about the specialist they require. Therefore, this process also permits the claimant to obtain their medical report via an MRO (if they decide to utilise one), or the at-fault insurer could assist the claimant in arranging the second report if necessary.

Are medical experts aware of what tariff band they are?2023-07-03T09:15:22+05:00

Yes, medical professionals know about the various bands. They discussed with MedCo during the entire process and gave the required training to MROs and experts. However, if the prognosis is stretched between two bands, you must use the second band.

Is it possible to obtain an official medical report before applying for reimbursement?2023-07-03T09:15:12+05:00

If someone has been injured on the job, they should seek treatment but should not get a medical opinion before filing a claim. Therefore, the Pre-Action Protocol discourages this, which could be punished for failure to use the appropriate portal process, either in rules 45.24 or 45.29M.

Who pays for a medical report(s) if a non-represented applicant files the claim?2023-07-03T09:15:01+05:00

If the at-fault insurer has agreed to accept any part of the liability, they’ll be responsible for the report downloaded and relied on by the applicant. OIC is a program integrated into MedCo, and once the at-fault insurer receives the liability decision, the claimant can move through the system to obtain their report.

If the claimant is denied 100% rejection of responsibility, they will need to know about their potential legal rights. They’ll be required to determine the best way to gather evidence to back their claim. Moreover, Practice Direction 27B states that the court determines liability without recourse to a medical examination. If the person compensated is liable by the judge, then must seek a medical report.

What happens to the payment is a business decision made by the report service provider and the insurer at fault. However, it is not the right thing for the Government to offer advice on this matter.

Fraud-Whiplash-Reforms-2021

Fraud

Fraud-Whiplash-Reforms-2021

Fraud

The measures included in the whiplash reform plan to stop fraud. Insurers will be prohibited from settling claims without conducting investigations and verifying their authenticity. In addition, expanding the limit on small claims decreases the expenses associated with civil litigation, leading to more vigorous opposition to fraudulent claims.

The measures included in the whiplash reform plan to stop fraud. Insurers will be prohibited from settling claims without conducting investigations and verifying their authenticity. In addition, expanding the limit on small claims decreases the expenses associated with civil litigation, leading to more vigorous opposition to fraudulent claims.

Are the Government continuing in its plans to raise the track limit for small claims for public liability and employer’s claims to £22,000?2023-07-03T09:14:49+05:00

Yes, but after reflecting on feedback from stakeholders. The Government have postponed the increase to £1,500 until April 2022. This sensible decision will give more time to the affected parties to plan for the increase. It will also allow the personal injury and government sectors to ensure that road traffic accident victims are adequately supported by the newly launched Official Injury Claim digital service.

Can Dispute Resolution be accessible?2023-07-03T09:14:39+05:00

The service was created with the user in mind. In the past, most claim disputes were solved speedily with a newly created Protocol. It is expected that this will also be the case in the future. For instance, when insurers do not accept liability, claimants must be able to settle the liability issue. In these instances, it is recommended to practice Direction 27b. Hence, this unique procedure allows litigants to take that to court to settle liability and other disputes.

How will I deal with my personal information if I need to appear in court?2023-07-03T09:14:16+05:00

A portal is created to aid users’ progress and settle their claims. If the user cannot settle their claim, the portal will utilise the information they’ve entered to create a court claim form. Although, the service also prepares a court pack, which could be used to initiate legal proceedings at various points of the process where it is required. For example, make an initial claim to settle a dispute and then return to the portal to proceed with their claim.

Are there sanctions for those who attempt to violate rules or cheat the system?2023-07-03T09:14:06+05:00

The Government hopes that, in most cases, both sides will cooperate and work towards an efficient and swift resolution. However, the new system does generate a significant amount of data that can be analysed to find modifications in user behavior. The Government will closely monitor this data, and information will be made available to regulators like The FCA and the SRA to consider and take enforcement action if required.

Are the Government continuing in its plans to raise the track limit for small claims for public liability and employer’s claims to £22,000?2023-07-03T09:14:49+05:00

Yes, but after reflecting on feedback from stakeholders. The Government have postponed the increase to £1,500 until April 2022. This sensible decision will give more time to the affected parties to plan for the increase. It will also allow the personal injury and government sectors to ensure that road traffic accident victims are adequately supported by the newly launched Official Injury Claim digital service.

Can Dispute Resolution be accessible?2023-07-03T09:14:39+05:00

The service was created with the user in mind. In the past, most claim disputes were solved speedily with a newly created Protocol. It is expected that this will also be the case in the future. For instance, when insurers do not accept liability, claimants must be able to settle the liability issue. In these instances, it is recommended to practice Direction 27b. Hence, this unique procedure allows litigants to take that to court to settle liability and other disputes.

How will I deal with my personal information if I need to appear in court?2023-07-03T09:14:16+05:00

A portal is created to aid users’ progress and settle their claims. If the user cannot settle their claim, the portal will utilise the information they’ve entered to create a court claim form. Although, the service also prepares a court pack, which could be used to initiate legal proceedings at various points of the process where it is required. For example, make an initial claim to settle a dispute and then return to the portal to proceed with their claim.

Are there sanctions for those who attempt to violate rules or cheat the system?2023-07-03T09:14:06+05:00

The Government hopes that, in most cases, both sides will cooperate and work towards an efficient and swift resolution. However, the new system does generate a significant amount of data that can be analysed to find modifications in user behavior. The Government will closely monitor this data, and information will be made available to regulators like The FCA and the SRA to consider and take enforcement action if required.

Rehabilitation-and-Credit-Hire-Whiplash-Reforms-2021

Rehabilitation and Credit Hire

Rehabilitation-and-Credit-Hire-Whiplash-Reforms-2021

Rehabilitation and Credit Hire

Customers of the service understand the benefit of rehabilitation and the options to obtain the services explained to them (for instance, it could have been arranged directly or through the compensator).

Customers of the service understand the benefit of rehabilitation and the options to obtain the services explained to them (for instance, it could have been arranged directly or through the compensator).

What is the process for unrepresented claimants to access rehabilitation if they are in need?2023-07-03T09:13:57+05:00

Customers of the service understand the benefit of rehabilitation and the options to obtain the services explained to them (for instance, it could have been arranged directly or through the compensator). Still, they cannot utilise the service to obtain rehabilitation services. Therefore, the at-fault compensation will generally provide rehabilitation if needed and give the users details on alternative options to receive rehabilitation. If the claimant has had to pay rehabilitation costs, even with credit, could add them to the claims on OIC as non-vehicle-related damages.

Does credit hire count as part of the services?2023-07-03T09:13:47+05:00

The cost of a replacement car provided to a claimant under credit terms, also known as credit hire, isn’t explicitly included in the Protocol procedure. It is anticipate that most claims will be resolved separately through an agreement between the industry as before the reforms. Moreover, they have also ensured that the regulations, OIC service and guidance include a procedure that will aid claimants. However, they need to include the cost of credit hire or other expenses to their injury case before submitting their claim to court.

What is the process for unrepresented claimants to access rehabilitation if they are in need?2023-07-03T09:13:57+05:00

Customers of the service understand the benefit of rehabilitation and the options to obtain the services explained to them (for instance, it could have been arranged directly or through the compensator). Still, they cannot utilise the service to obtain rehabilitation services. Therefore, the at-fault compensation will generally provide rehabilitation if needed and give the users details on alternative options to receive rehabilitation. If the claimant has had to pay rehabilitation costs, even with credit, could add them to the claims on OIC as non-vehicle-related damages.

Does credit hire count as part of the services?2023-07-03T09:13:47+05:00

The cost of a replacement car provided to a claimant under credit terms, also known as credit hire, isn’t explicitly included in the Protocol procedure. It is anticipate that most claims will be resolved separately through an agreement between the industry as before the reforms. Moreover, they have also ensured that the regulations, OIC service and guidance include a procedure that will aid claimants. However, they need to include the cost of credit hire or other expenses to their injury case before submitting their claim to court.

Governance-And-Fees-Whiplash-Reforms-2021

Governance and Fees

Governance-And-Fees-Whiplash-Reforms-2021

Governance and Fees

The OIC service collects a large quantity of data that is released annually. The OIC website publicised the first set of data on 21 October 2021.

The OIC service collects a large quantity of data that is released annually. The OIC website publicised the first set of data on 21 October 2021.

What information is available on what the OIC is doing?2023-07-10T08:17:24+05:00

The OIC service collects a large quantity of data that is released annually. The OIC website publicised the first set of data on 21 October 2021.

How do you monitor the operation of your service?2023-07-03T07:50:17+05:00

OIC closely monitor the operational information from the Official Injury Claim to learn about the company’s operation and any possible trends.

OIC regularly engage with stakeholders via the Official Injury Claim Advisory Group.

What costs are incurred when a case goes to court?2023-07-03T07:48:48+05:00

The Government published an update on court fees on 13 May 2021.

What happens if a claimant requires assistance with fees?2023-07-03T07:54:32+05:00

The claimants are eligible to request assistance with charges Online, Or can use the paper-based method. Hence, apply to the court managing their claims. Therefore, the OIC is also involved in the process.

What information is available on what the OIC is doing?2023-07-10T08:17:24+05:00

The OIC service collects a large quantity of data that is released annually. The OIC website publicised the first set of data on 21 October 2021.

How do you monitor the operation of your service?2023-07-03T07:50:17+05:00

OIC closely monitor the operational information from the Official Injury Claim to learn about the company’s operation and any possible trends.

OIC regularly engage with stakeholders via the Official Injury Claim Advisory Group.

What costs are incurred when a case goes to court?2023-07-03T07:48:48+05:00

The Government published an update on court fees on 13 May 2021.

What happens if a claimant requires assistance with fees?2023-07-03T07:54:32+05:00

The claimants are eligible to request assistance with charges Online, Or can use the paper-based method. Hence, apply to the court managing their claims. Therefore, the OIC is also involved in the process.

9-Conclusion

Conclusion

9-Conclusion

Conclusion

There is a lot to digest and learn from this guide. In case you still have questions or doubts in your mind, do not hesitate to contact us. We are always there to assist you through every single step.

There is a lot to digest and learn from this guide. In case you still have questions or doubts in your mind, do not hesitate to contact us. We are always there to assist you through every single step.

Do you need a Psychological Injury Assessment?
Or require an Expert Witness Report or Courtroom Testimony that arises from your Whiplash Injuries?

Empower your Case with our Expertise, Fill in the Form and Get Started.
We have a Nationwide Panel of Personal Injury Experts specialising in Whiplash Injuries.

10-References

References

10-References

References

  • Legislation.gov.uk. 2021. DAMAGES, ENGLAND AND WALES LEGAL SERVICES, ENGLAND AND WALES. [online] Available at: https://www.legislation.gov.uk/ukdsi/2021/9780348220612/pdfs/ukdsi_9780348220612_en.pdf [Accessed 2 August 2022].
  • GOV.UK. 2022. Over £1 billion savings for motorists as whiplash reforms come into force. [online] Available at: https://www.gov.uk/government/news/over-1-billion-savings-for-motorists-as-whiplash-reforms-come-into-force [Accessed 2 August 2022].
  • claims.co.uk ™ | Free, Expert No Win No Fee Injury Compensation. 2022. What Whiplash Reforms Mean for Personal Injury Claims | claims.co.uk ™. [online] Available at: https://www.claims.co.uk/personal-injury-claims/guide/whiplash-reforms-personal-injury [Accessed 2 August 2022].
  • nhs.uk. 2021. Whiplash. [online] Available at: https://www.nhs.uk/conditions/whiplash/ [Accessed 2 August 2022].
  • Bott and Co. 2022. Whiplash Claims – How Much Compensation Can You Claim For Whiplash?. [online] Available at: https://www.bottonline.co.uk/road-traffic-accident-claims/guides/how-much-compensation-claim-for-whiplash [Accessed 2 August 2022].
  • https://committees.parliament.uk/publications/5084/documents/50373/default/. 2022. Whiplash Injury Regulations 2021. [online] Available at: https://committees.parliament.uk/publications/5084/documents/50373/default/ [Accessed 2 August 2022].
  • Lpc-law.co.uk. 2021. Whiplash Reforms Come Into Force. [online] Available at: https://www.lpc-law.co.uk/news/whiplash-reforms-come-into-force/ [Accessed 2 August 2022].

  • Legislation.gov.uk. 2021. DAMAGES, ENGLAND AND WALES LEGAL SERVICES, ENGLAND AND WALES. [online] Available at: https://www.legislation.gov.uk/ukdsi/2021/9780348220612/pdfs/ukdsi_9780348220612_en.pdf [Accessed 2 August 2022].
  • GOV.UK. 2022. Over £1 billion savings for motorists as whiplash reforms come into force. [online] Available at: https://www.gov.uk/government/news/over-1-billion-savings-for-motorists-as-whiplash-reforms-come-into-force [Accessed 2 August 2022].
  • claims.co.uk ™ | Free, Expert No Win No Fee Injury Compensation. 2022. What Whiplash Reforms Mean for Personal Injury Claims | claims.co.uk ™. [online] Available at: https://www.claims.co.uk/personal-injury-claims/guide/whiplash-reforms-personal-injury [Accessed 2 August 2022].
  • nhs.uk. 2021. Whiplash. [online] Available at: https://www.nhs.uk/conditions/whiplash/ [Accessed 2 August 2022].
  • Bott and Co. 2022. Whiplash Claims – How Much Compensation Can You Claim For Whiplash?. [online] Available at: https://www.bottonline.co.uk/road-traffic-accident-claims/guides/how-much-compensation-claim-for-whiplash [Accessed 2 August 2022].
  • https://committees.parliament.uk/publications/5084/documents/50373/default/. 2022. Whiplash Injury Regulations 2021. [online] Available at: https://committees.parliament.uk/publications/5084/documents/50373/default/ [Accessed 2 August 2022].
  • Lpc-law.co.uk. 2021. Whiplash Reforms Come Into Force. [online] Available at: https://www.lpc-law.co.uk/news/whiplash-reforms-come-into-force/ [Accessed 2 August 2022].
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