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Personal Injury Reforms: Your Questions Answered

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Each year, in the UK thousands of people are injured in road traffic accidents. While some experience only minor injuries such as a few cuts and bruises, other people are unfortunate enough to sustain more serious, catastrophic injuries affecting the spine or brain.

In 2016, the government proposed a package of measures to disincentivise minor, exaggerated and fraudulent road traffic accident related soft-tissue injury claims, often named ‘whiplash’ claims. These measures will affect the types of injuries that can be claimed for and will significantly restrict victims’ access to justice.

The proposed introduction of the Small Claims (soft tissue) reforms in October 2018, will see road users’ right to compensation cut dramatically as the small claims limit for soft tissue injury cases rises from £1,000 to £5,000. This decision is proving to be extremely unpopular, with 60% of people* claiming that it is unfair that the impending reforms are scandalous will unfairly impact not only drivers but also vulnerable road users such as cyclists.

Are fraudulent whiplash claims really as common as first thought?

In recent years, much has been said in the media about the UK’s so-called ‘whiplash epidemic’ which, it has been claimed, has been caused by motorists bringing fraudulent claims for whiplash. While we support any reforms that help to minimise fraudulent insurance claims, the Association of British Insurers (ABI) accepts that only 0.1% of all claims are fraudulent.

Adopting this dramatic ‘broad brush’ approach to tackle a wildly exaggerated problem concerning only one group of road users will cause many claimants to miss out on the compensation they are entitled to. Following an accident, personal injury compensation can be invaluable in helping victims to return to their everyday lives, by not only compensating for the injury itself but recovering things like loss of earnings or other out-of-pocket expenses. We, therefore, feel very strongly that cyclists and other non-drivers such as pedestrians and motorcyclists should still be able to bring a claim for compensation, even if the value of their claim is less than £5,000.

How will this affect me if I want to make a claim?

If you are injured on the road and you were not at fault, currently, it is common practice for road traffic victims to employ a personal injury lawyer on a ‘no win, no fee’ basis. At Jefferies, our solicitors work on your claim on your behalf and deal with all legal matters, from applying the laws of liability and causation to your case, to instructing a medical expert. If successful, our legal fees are recovered from the other side.

Under the new reforms, any personal injuries resulting from accidents on the road worth less than £5,000, including whiplash and broken bones, will now have to go through the small claims court process. This means that claimants will not be able to recover any of their legal costs even if their claim is successful.

Because it will not be possible for individuals to claim back their legal expenses, it’s likely that people will be discouraged from pursuing the compensation they are entitled to. In a recent survey, we found that almost half (45.5%*) of people would put off making a personal injury claim without the help of an experienced lawyer.

Claimants will also see their compensation levels halved, as with the reforms comes a new tariff system imposed for all soft-tissue (whiplash) injuries.

I’m a cyclist, will I be affected?

This blanket approach to all road users will undoubtedly affect vulnerable road users, including cyclists, motorcyclists and pedestrians. There has been little consideration given to these groups of road users and we truly feel that it is wrong and unfair that those who are not part of the perceived problem of the whiplash culture, are being caught up in this reform.

What can I do to prevent these changes?

At Jefferies, we are launching a campaign to make cyclists more aware of the reforms. If you, like us, feel strongly about tackling these unfair legal changes, you can write to your local MP or local press using our ready-made letter template to inform them of the devastating effects the reforms will have on cyclists’ access to justice.

If you have been unlucky enough to be injured in a road traffic through no fault of your own as a cyclist, motorcyclist, pedestrian or driver, you have a legal right to claim. Get in touch with the expert solicitors at Jefferies today to claim the compensation you deserve. Call us on 0800 342 or contact us online to request a call-back.

Originally published on 13th April 2017, updated on 10th May 2017.

* Data obtained from a survey of 1841 people by Jefferies Solicitors in relation to the proposed personal injury reforms.