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It has recently been announced that there will be changes to the road traffic accident claims process, which will impact some road traffic accident claims that happen on or after the 31st of May 2021. 

We have taken a look at the reforms and how they will affect claimants. 

 + What are the reforms? 

It has been confirmed that the whiplash reforms contained in the Civil Liability Act 2018 will come into effect on 31st May.  They have been introduced by the Government to reform the way that the majority of road traffic accident personal injury claims are dealt with. 

The reforms, which form part of the Civil Liability Act 2018, are designed 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. 

The Small Claims (soft tissue) reforms 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. Under the new reforms, an injury arising from a road traffic accident must be valued at no less than £5,000 in order for a claimant to pursue a claim.  

+ How will the personal injury reforms affect me if I want to make a claim? 

Under the new reforms, any personal injuries resulting from road accidents worth less than £5,000, including whiplash and broken bones, will now have to go through the small claims court process. 

The reforms do not affect those who have suffered a serious injury following a road traffic accident, such as head or brain injury.

+ If I’m involved in a road traffic accident after the 31st May 2021, what will I need to do? 

If you are involved in a road traffic accident on or after the 31st of May you may have to go through the small claim process and claim through the new ‘self-service’ online portal – Official Injury Claim.   

+ What is Official Injury Claim? 

Official Injury Claim’ is an online service that works on behalf of the Ministry of Justice. Claimants who want to make a road traffic accident claim will be guided through the process of making a claim.

+ What about vulnerable road users? 

The new rules do not apply to pedestrians, motorcyclists, or cyclists involved in a road traffic accident. These individuals will continue to have the access to justice they deserve.

+How do I know if my road traffic accident should be claimed via the portal or a solicitor?

If you suffer an injury as a result of a road traffic accident on or after the 31st of May and are in any doubt as to what you should do to make a claim, call our team on 0800 342 3206 for advice. 

Jefferies Solicitors has been making successful road traffic accident claims for clients for over 25 years, view some of our recent case studies.