On 31st May 2021, changes were made to the claims process for low value road traffic accidents for personal injury claims, including whiplash. The Whiplash Reforms applied to claims with a value of less than £5,000 with the aim of simplifying the claims process for small claims. By removing the need for legal representation, the aim was to reduce the overall cost of whiplash claims that had become disproportionately high.

Almost 2 years on it would seem that the Whiplash Reforms have not been as successful as initially hoped, with the amount of road casualties increasing and the amount of motor injury claims going down. The Official Injury Claim (OIC) portal that was designed to simplify the process, has created more difficulty with its poor user design and layout causing many users to give up with their claim and those who do continue, are waiting an average of 7 months to settle.

When initially introduced, the reforms were designed with the aim to reduce premiums by £40-£50 per year, yet the opposite has happened, with insurance premiums increasing.

On 10th February 2023, it was announced that The Justice Committee would begin an inquiry into how whiplash injuries caused during road traffic accidents are processed in light of the changes to legal framework introduced in 2021.

Sir Bob Neill, chair of the justice committee, said: “We’ll be looking carefully into the way claims are being processed and how much they cost motorists and the wider tax-paying public. We want justice to prevail, but we want it to be efficient as well.’

Our concerns remain whether the scheme affects the ordinary person’s access to justice and that genuine claims will not be made.

If you have been in a road traffic accident and require Personal Injury advice, please contact Richard Harriman on 01494 521301 or by email.