In a previous blog we reported further delay to the implementation of the government’s whiplash reforms. With three months before implementation, the necessary protocols and regulations have now been published. The reforms are set to take effect on the 31st of May 2021.

Although the reforms will make it more difficult for claimants to recover legal costs in road traffic accident claims there are exceptions to the rules and we will still be happy to talk to you if you have the misfortune to be injured in this way.

New Small Claims Limit for Road Traffic Accidents

From 31st May road traffic accident claims where the injuries are valued at £5000 or less and the overall value (excluding vehicle damage) is no more than £10,000 will be classed as ‘Small Claims’.  This means that there is no provision for payment of legal costs by the defendant. Claimants will be expected to conduct their own claims via the new Official Injury Claim online portal.

The new protocol setting out the process is nearly 80 pages long. However, the government has said that there will be a dedicated support centre for those who need further assistance, or who are unable to use the online service.

Exceptions

The new rules will only apply to injuries suffered in accidents on or after 31st May 2021.

The new rules will not apply to:

  • Children and other parties who lack legal capacity, known as protected parties.

  • Claimants who are classed as vulnerable road users; this includes motor cyclists, pillion and sidecar passengers, cyclists, pedestrians, horse riders and mobility scooter users.

  • Claims against foreign registered vehicles

  • Claims against untraced drivers

New Whiplash Regulations

Also, on 31st May 2021, the new whiplash regulations come into force. These regulations introduce fixed levels of damages for whiplash injuries of up to two years duration and any minor psychological injury suffered on the same occasion.

Other injuries will not be caught by the tariff system.
There will also be a ban on insurance companies trying to settle claims before medical evidence has been obtained, a practice which has long put claimants under unfair pressure to settle their claims.

The contents of this article do not constitute legal advice and are provided for general information purposes only.

The contents of this post do not constitute legal advice and are provided for general information purposes only ■