Whiplash Reforms

At the end of May, ‘Official Injury Claim’ (OIC), the government’s online portal for low-value injury claims caused by road traffic accidents, went live. It covers road traffic accidents that happen on or after 31 May 2021 where the compensation for injuries won’t be more than £5,000.

It is designed to be used by the general public without legal advice as solicitors’ fees can’t be claimed back from a defendant driver’s insurers.  Yet the system requires you to navigate a 64-page user guide and many more pages of legal rules. If it is decided that you have suffered a whiplash injury lasting say 6 months, you would stand to receive the princely sum of £495.

But what if you have suffered another type of injury as well as whiplash, such as, for example, knee injuries which also last for 6 months? Then there is a problem as there is no guidance in the new scheme about how to decide on the number of damages in that situation. This was a problem which both claimant and defendant representatives saw coming but which the government decided could be left to the courts. Already a working party has been set up to identify suitable test cases to take forwards. But it will take many months for test cases to go through the court system and in the meantime, claimants will have no certainty about whether any offer made to them is reasonable.

There are some cases of road traffic accidents that do not need to go through this system. Serious injury cases – broken bones or worse – will attract awards above £5,000 so won’t be caught. Child claimants or claimants who do not have the mental capacity should not use the system and neither should cyclists, pedestrians or horse riders.  

If you are unsure whether you have a claim that needs to go through this system, give us a call – we can point you in the right direction and there is no charge for an initial chat.

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