Reforms to personal injury whiplash claims introduced under the previous government have resulted in significant consequences for access to justice and claimant compensation, the Law Society said today.

Responding to the Ministry of Justice’s call for evidence as part of its post-implementation review of the changes, the Society said it is concerned that the reforms:

  • Have not enabled claimants to pursue claims independently. An unexpectedly high number (89%) of claimants have been professionally represented since the Official Injury Claim (OIC) portal launched in 2021, despite the intention that it should be used by people acting without lawyers;
  • Create barriers to fair compensation and discourage meritorious claims, as claimants without legal expenses insurance face costs that are disproportionate to the available compensation; and
  • Reduce consumer choice. Personal injury solicitors have faced a sharp decline in low-value road traffic accident (RTA) work, forcing firms to exit the market or diversify, which has contributed to the market shrinking.

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Government seeks evidence for whiplash review

'While we recognise the previous government’s intention in implementing the whiplash reform programme, its aim has compromised access to justice and fair compensation for claimants,' Law Society vice president Brett Dixon said.

To improve access to justice, the Law Society recommends:

  • Revising the small claims track limit to £1,500 to reflect the complexity of RTA-related personal injury claims and the need for legal advice and representation;
  • Improving the OIC portal’s usability, visibility and legitimacy through simplification of the claims process, search engine optimisation, and branding;
  • Enhancing transparency of claimant outcomes and reform impacts through improved data collection and reporting and engagement with claimants; and
  • Integrating systems and strengthening guidance, by linking the OIC portal with other civil justice services and providing clearer claimant guidance.

Dixon concluded: 'Through its post-implementation review, the Ministry of Justice will wish to engage with all those affected to understand the implications of the new system. In particular, it should engage with claimants – represented and unrepresented – to better understand their experiences of whiplash claims under the reformed process.'