Part 2 of the government
response to: Reforming the Soft Tissue Injury (whiplash) Claims
Process
Part 1 of the government
response to: Reforming the Soft Tissue Injury (whiplash) Claims
Process
Detail of outcome
22 March 2022
On 31 May 2021 the Government implemented the legislative reforms
making up the ‘whiplash reform programme’. Full details of these
measures were included in Part 1 of the Governments response to
the ‘Reforming the Soft Tissue Injury (‘whiplash’) Claims
Process’ consultation Paper published on 23 February 2017.
Following the implementation of these measures the Government is
now able to publish Part 2 of its response to this consultation
and this second paper sets out:
- a summary and analysis of the submissions received to the
questions and ‘call for evidence’ included in parts 6 and 7 of
the consultation paper
- information on the next steps in relation to the topics
covered in this document.
This concludes the government’s response to this consultation.
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 consultationto 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
Respond to the consultation: Future Provision of
Medical Reports in Road Traffic Accident related personal injury
claims
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:
- 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;
- 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;
- introducing a ban on both the offering and requesting of
offers to settle claims without medical evidence;
- increasing the small claims limit for RTA related personal
injury claims to £5,000; and
- 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
17 November 2016 to 5:30pm on 6 January 2017
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
Reforming the soft tissue
injury (‘whiplash’) claims process: a consultation on
arrangements concerning personal injury claims in England and
Wales
