Consultation outcome

Reforming the soft tissue injury (whiplash) claims process

This consultation has concluded

Download the full outcome

Detail of outcome

18 April 2019

As part of its whiplash reform programme, the government is making changes via the Civil Procedure Rules to increase the small claims track limit for road traffic accident (RTA) related personal injury claims to £5,000.

To support this change, a new IT Platform is being designed to enable unrepresented litigants to progress their own claim irrespective of whether they have legal representation. Decisions are required on a number of issues relating to how unrepresented claimants will in future obtain a medical report. The government is therefore conducting a short, focused consultation to seek views on a revised medical reporting process for unrepresented claimants. In summary, we are seeking views on:

  • Expanding MedCo’s remit to cover initial medical reports for all RTA related personal injury claims under £5,000
  • Whether to widen the type of medical expert who can be registered on the MedCo system
  • Whether to extend the existing fixed cost medical report regime for medical reports
  • The procedure for unrepresented claimants to obtain medical evidence

23 February 2017

The Ministry of Justice has published part one of its response to the ‘Reforming the soft tissue injury (‘whiplash’) claims process’ consultation which closed on 6 January 2017. Ministers have considered and made a number of policy decisions, including:

  1. the introduction of a tariff of fixed compensation for pain, suffering and loss of amenity for claims with an injury duration of between 0 and 24 months;
  2. providing the judiciary with the facility to both decrease the amount awarded under the tariff in cases where there may be contributory negligence or to increase the award (with increases capped at no more than 20%) in exceptional circumstances;
  3. introducing a ban on both the offering and requesting of offers to settle claims without medical evidence;
  4. increasing the small claims limit for RTA related personal injury claims to £5,000; and
  5. increasing the small claims limit for all other types of personal injury claim to £2,000.

Measures 1 to 3 above will be introduced through provisions in the Prisons and Courts Bill. Measures 4 and 5 will be introduced through secondary legislative procedures. The government intends to implement these reforms as a package.

Part 2 of the government response will be published in due course.

Original consultation

Summary

A consultation on measures to disincentivise minor soft tissue injury claims & arrangements for personal injury claims in England and Wales.

This consultation was held on another website.

This consultation ran from
to

Consultation description

The government is bringing forward a package of measures to disincentivise minor, exaggerated and fraudulent road traffic accident related soft-tissue injury claims. The vast majority of these claims are known as whiplash claims. Despite previous government reforms, improvements in vehicle safety and a reduction in the number of reported accidents, the number of personal injury claims following a road traffic accident remains 50% higher than in 2006. This has led to higher car insurance premiums for motorists.

The government is determined to tackle the number and cost of these claims. Two reforms were announced in the 2015 Autumn Statement.

The government has now launched a consultation on the detail of these and two additional measures. Responses are welcomed from all interested stakeholders.

Documents

Published 17 November 2016
Last updated 18 April 2019 + show all updates
  1. Update to outcome published.

  2. Welsh translations published.

  3. Part 1 response published.

  4. Closing date clarified.

  5. First published.