Personal Injury Update 2018;Changes to Whiplash Claims

One of the major developments this year was the passing of the Civil Liability Bill which introduces reforms to whiplash injury claims.

The reforms aim to reduce the number of low value road traffic accident claims and the cost of insurance premiums and to prevent fraud. The Bill was introduced in the House of Lords on 20 March 2018 and it passed its final stage through Parliament on 20 November 2018. A date for Royal Assent has yet to be set but it is anticipated shortly.

As part of its reforms, the government also proposes to increase the small claims limit from £1,000 to £5,000 for road traffic accident claims and to £2,000 for all other types of personal injury claim. The implementation of the whiplash reforms (including the new road traffic accident small claims limit) have been pushed back until April 2020.

The whiplash reforms and the increase to the small claims track limit will bring more claims into the small claims regime where legal costs are not recoverable. This means that more claimants will be left to bring their claim without a solicitor at a time when they should be focusing on recovering from their injuries.

If you require assistance or advice regarding a personal injury claim then please contact Anton Bilinski.