The procedure for making a claim following a road traffic accident occurring on or after 31st May, has changed significantly. These procedural changes have been combined with a rise in the small claims limit for road traffic accident claims.
How will the new reforms affect you?
From the 31st May 2021, 'whiplash' is now classed as any soft tissue injury involving the neck, back and shoulder arising from a road traffic accident. The value of your whiplash claim will, from 31st May 2021, be decided with reference to a tariff scheme. This will result in significantly less damages for whiplash type injuries lasting up to 2 years, for example, under the new regime, a whiplash injury lasting up to 3 months will attract an award of £240, whereas prior to 31st May, a claimant could expect around £2000 or so for the same injury.
Non whiplash injuries arising from a road traffic accident are not subject to the tariff and are valued separately in accordance with JC Guidelines.
The new reforms anticipate Claimants will make claims without instructing a Solicitor and an electronic Portal scheme known as, Official Injury Claim Service has been introduced to enable claimants to conduct their own claim. An electronic user guide is provided.
In addition, the small claims limit has risen to £5000.00 for all road traffic accident claims. This means, claimants will no longer be able to claim the costs of making a claim (currently £500.00 at it's base level) from the driver/insurer at fault unless their claim is worth over £5000.00. Given the level of awards under the new tariff system, far less claims will reach this value and as a consequence there are likely to be less Solicitors willing to accept instructions in road traffic accident claims.
Vulnerable road users such as pedestrians, cyclists, motorcyclists and horse riders are excluded from the new changes as are children passengers.
CAPA LAW Solicitors are registered users of the Official Injury Claim Service and will continue to accept instructions from claimants involved in road traffic accidents. To see how CAPA LAW can help with your Road Traffic Accident, telephone 0151 662 0345 or email enquiry@capalaw.co.uk
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