Our latest briefing papers can be read in full here:
Recent articles on the Government’s proposals:
MASS’ Simon Stanfield on how whiplash reform sacrifices legitimate claims
This article first appeared in Insurance Post, 10th August 2018
The Government is proposing to fundamentally change the way in which legitimate claims by road accident victims are processed and compensated
These proposed measures, to be implemented from April 2020, include:
- Raising the limit for cases in the small claims court for all road traffic accident personal injury claims from £1000 to £5000. This will mean that those with a claim valued up to £5000 will no longer be able to recover any legal fees if they win.
- There will be a new low and rigid fixed scale of compensation payments for whiplash claims lasting up to two years.
- Insurers’ will no longer be able to try and settle a whiplash claim without obtaining an independent medical report – which MASS has actively campaigned on for many years.
- There will be a new online Litigant-in-Person Portal, open to all, to process low value road traffic accident personal injury claims.
Whilst MASS has welcomed many of the Government’s initiatives to reduce fraudulent behaviour and has worked closely with the Government as a key representative organisation, we believe any reforms must not be at the expense of the genuine accident victim and their right to justice.
With the proposed reforms currently being considered by the House of Commons, MASS are particularly concerned about the fixed level of compensation for whiplash claims and the extensive increase of the small claims court limit. We are campaigning for the fixed scale of compensation to be increased to a level closer to the current amounts awarded by the Courts.
We are also very concerned about the proposed level of increase of the Small Claims Court Limit and believe that any increase should be fair and reasonable. We propose that the limit should be increased to £2,000, which will cover minor personal injury claims, only for which this Court is suitable for.
In collaboration with other representative organisations of accident victims, MASS is working hard to convince the Government that the proposals could be implemented in a fairer, more reasonable and proportionate way. Past cross-industry initiatives have demonstrated that so much more can be achieved by collaboration and dialogue and the sector should be given the opportunity and time to establish a workable and fair solution.
What can you do?
We strongly encourage you to contact your local MP and make them aware of these proposals and their potentially damaging impact, at the proposed rates, on accident victims and the ability of solicitors to provide independent, professional legal advice.
If you would like further information, or would like to find out how you can help, please contact us.