UK Parliament Call for Evidence on Whiplash Reform and OIC Portal

A month has now passed since the Court of Appeal decision was handed down on the controversial issue of valuing ‘mixed’ injury claims (claims containing both Whiplash and additional injury) presented in the Official Injury Claims Portal (OICP).  The ABI on Monday confirmed it has sought permission to appeal that ruling to the Supreme Court.

The ABI have been quoted as stating that the ruling “risks undermining the intent of the whiplash reforms and opens the door to double counting of injuries…..We note the dissenting judgment from the Master of the Rolls, and therefore in the interests of motor insurance customers we are seeking permission from the Supreme Court to appeal.”

Ultimately if leave to appeal is granted then the industry is again left in a state of limbo and uncertainty on how claims involving both whiplash and additional injury are to be valued.

In timely fashion it would seem a week earlier the UK Parliamentary committee overseeing the development of the OIC issued a call for evidence, which is open until 5pm on Friday 17th March and can be found via the following link Call for Evidence - Committees - UK Parliament

The committee has stated that they are particularly interested in;

  • What effect have the measures introduced within the whiplash reform programme had on the number of minor personal injury claims to date?
  • To what extent have these measures met the Government’s objective of reducing the cost of whiplash claims to the economy; and to what extent are any savings being passed on to motorists through lower insurance premiums?
  • What have been the effects of raising the small claims track limit from £1,000 to £5,000; the ban on settling whiplash claims without medical evidence; and the fixed tariff of compensation for whiplash injuries that last up to 2 years?
  • Why most claimants continue to use legal representation when using the online portal (90% since its launch)?
  • Whether the OIC portal is accessible and easy-to-use for claimants and/or their legal representatives;
  • Whether claims brought using the OIC are being settled in a timely manner, if timeliness could be improved upon; and if so, how?
  • Whether the OIC ensures access to justice for everyone who may seek to make a claim?
  • How widely known is the OIC and how are potential claimants made aware of its existence?
  • How effective is the OIC portal in settling claims for mixed injury claims, which cannot be settled using the fixed tariff awards?

There is then an invitation to comment on any other issues in relation to the implementation of the whiplash reform programme and operation of the OIC to date.

Gallagher Bassett will continue to monitor the progress and will provide further updates accordingly. 

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