The government is seeking 'expert opinion, data and evidence' on the reforms which ushered in fixed tariffs for soft-tissue injury ‘whiplash’ damages. Announcing a post-implementation review of the whiplash reform programme, Sarah Sackman, justice minister, also revealed that the government is considering increasing the small claims track limit from £1,000 to £5,000 for road traffic accident-related personal injury claims.

'The reforms reduce the cost of making a claim, while ensuring those who are genuinely injured receive proportionate compensation,' Sackman said. 'They’re designed to safeguard access to justice and help people get the support they need to rebuild their lives.'  

The review will also take evidence on the impact and effectiveness of the industry-owned and operated Official Injury Claim online service. The call for evidence will run for eight weeks, closing on 22 December. The review is due to be published in spring 2026.  

'Responses to this call for evidence will provide vital insight into the impact of the whiplash reform programme on claimant choice, proportionate compensation for whiplash claims, and the number and cost of these claims,' the government’s announcement stated. 'The input and evidence gathered will be considered alongside data provided by operational partners and other government departments.'

Commenting on the announcement, Law Society vice president Brett Dixon said: 'The post-implementation review of the Civil Liability Act provides an important opportunity to assess the new regime and the Online Injury Claim (OIC) portal, which have faced a challenging start. 

'We remain concerned about the length of time it takes to resolve road traffic claims, particularly those involving whiplash injuries. With average settlement times now reported to be exceeding 600 days, there are serious questions about how cases are being managed within the portal.

'We hope this review will provide a clear picture of what is working and where improvements are needed, so that people with injuries are receiving fair and timely outcomes.'

Matthew Maxwell Scott, executive director of the Association of Consumer Support Organisations, said:  'While the Ministry of Justice's appetite to make any meaningful improvements to the whiplash programme, for example through improving the governance of the Official Injury Claim portal, may be limited, we all need to take the opportunity to provide feedback, raise concerns and remind the government of its policy aims.

'Not least of these was that the reforms were meant to reduce claims numbers and therefore save motorists money. There, the report card is mixed, in that claims have indeed fallen precipitously but few of the savings have been passed on by insurers. The promised £35 per year, per premium reduction turns out to be only £31 over three years.'