2020 Reforms to Road Traffic Accidents

New reforms, however, under the Civil Liability Bill are to be introduced in April 2020. The reforms are set to ‘fundamentally transform’ low-value whiplash claims and how they are dealt with. The reforms are to bring about a ‘tariff-based system’ that is to be used when awarding compensatory damages in such cases. In effect, this reform will reduce the compensatory awards that Claimants receive and force claims to be pushed within certain brackets in order to assess and award compensation. At MG Legal, we understand that each case can be different and believe that this may result in Claimants not receiving the compensation that they deserve. At MG Legal, our personal injury solicitors Preston recognise that each matter is unique, and so, require different levels of compensation, dependent on the damage caused as a result of the incident. We, therefore, feel that to fit claims within a form of standardised system, will be heavily criticised when in force. 

 

The initial talk of the reforms has already caused controversy with the Ministry of Justice commenting that ‘There will need to be extensive user testing in order to ensure that the system is easy to use for all user groups and that the guidance is clear. We agree with the committee and our stakeholders that it is crucial that these reforms and the implementation of the online platform is done right rather than quickly.’ 

 

The reforms are set to derive away from what is described as a current ‘compensation culture’. They go on to further introduce a small claims limit of £5,000 which shows a dramatic increase from the current £1,000 limit. The consensus in this regard is that claims under £5,000 will be considered as ‘minor’ and will not necessarily require the assistance of a solicitor. 

 

As you will appreciate, £5,000 is a large sum of money and, we feel, should be dealt with by a professional body whom have experience in this respect to avoid any danger of being compensated unjustly for the detriment you have suffered. Once settlement has been agreed in full, there is no opportunity for a second bite of the cherry. We, therefore, question, why injured parties would take the risk and not seek legal advice when being compensated in such circumstances. 

 

The fear is that this increased limit will result in many being forced to act as litigants in person and self-represent in such matters. This will inevitably place increased pressure on the Court, in addition to the current demands which may mean long delays for Claimants being awarded the compensation they deserve. 

 

The Ministry of Justice go on to say that the aims of the reforms are to ensure that ‘spurious or exaggerated whiplash claims are no longer an easy payday’. Although this may be the case, criticism arises in that innocent victims of road traffic accidents, with genuine claims, may be unfairly obstructed to justice with the same being heavily scrutinised when making a claim. 

 

The reforms have, however, been approved and are set to come in to play in April 2020. See the full outcome of the Government Consultation here. 

Although such reforms are set to make huge changes to the world of personal injury, our accident injury solicitors provide an exceptional level of service and will continue to go above and beyond for our clients, to achieve the best possible outcome, for injuries sustained as a result of a road traffic accident. 

 

If you have, unfortunately, found yourself injured as a result of a road traffic accident, contact MG Legal and our personal injury solicitors Preston will be delighted to assist you in obtaining the compensation you deserve as a result of your suffering. 

 

Contact us at enquiries@mglegal.co.uk, or call one of our offices and speak to our accident claim solicitors on 01995 602 129.