Guidance on the New Claims Process for Road Traffic Accident Personal Injury Claims under £5,000

On 31st May 2021 the law changed for a large number of people injured as the result of a road traffic accident that happened on or after 31st May 2021.

The reforms, which form part of the Civil Liability Act 2018, are measures designed to modify the procedure for low-value personal injury claims arising from road traffic accidents (RTAs) only. This means that Claimants will have the opportunity to settle these small personal injury claims without the need to go to court, or for legal representation.

What is included under the new reforms?

• The accident happened on or after the 31st May.
• You are aged 18 or over.
• The accident happened in England or Wales and the driver at fault had a UK registration plate.
• Personal injury claim is up to £5,000.
• The total value of your claim (inc the personal injury claim) is not more than £10,000.
• You have the vehicle details of the at fault driver
If you have suffered a whiplash or any other injury, and the value of the claim falls below £5,000, or falls within the above points, the claim will need to be processed through a new Government ‘portal’ called the Official Injury Claim service. The new claims process means that you will not be able to recover legal costs, but can pursue the claim yourself through this new free-to-use portal. New fixed tariffs of compensation exclusively for pain, suffering and loss of amenity for whiplash claims up to a duration of two years have been set. You can still seek legal assistance if you do not wish to do the claim yourself, but you will have to pay your lawyer’s costs unless you have legal expenses insurance as part of your car insurance policy.

Which type of claims are not affected by the reforms?

• All accidents before 31st May 2021.
• Non-road accidents (e.g. accidents at work or in a public place).
• Claims on behalf of someone who has died.
• Claims not for whiplash by children or protected parties.
• Claims for motorcyclists, cyclists, pedestrians, horse riders.

In cases that are not covered by the reforms the previous procedure for claiming compensation will continue to apply and you will still be able to recover legal costs in the same way prior to the reforms.

Therefore, if you fall into the category of one of the exceptions detailed above, have sustained injuries that you consider are not minor, and may be valued in excess of £5,000 in compensation, or do not wish to pursue your claim yourself, we can still help you.

Please contact Anton Bilinski who is able to guide you through this and act on your behalf.

Telephone: 01440 702485

Email: [email protected]