Written before the publication of the new Rules and tariff of damages, MASS Chair Paul Nicholls looks ahead at the important issues outstanding ahead of implementation of the reforms in May.
Industry Comment on OIC Rules
Insurance Edge 26th February
Paul Nicholls, Chair of MASS:
“With only twelve weeks to go before implementation, we welcome the publication of the secondary legislation, but still urgently await the Pre-Action Protocol and Practice Direction. We remain very disappointed that the government is going to substantially reduce the compensation available for genuinely injured accident victims, whether represented or not. They are unfairly low and it is an injustice to value compensation higher for a cancelled flight or a comparable injury sustained in any situation other than in a car accident. We also urge the government as a matter of urgency to publish its plans for a comprehensive information campaign which clearly explains the new claims process to the public.”
11th February – Secretary of State for Justice Robert Buckland announced a further delay in the implementation of the whiplash reforms set out in the Civil Liability Act 2018
- Whiplash reforms delayed AGAIN – but only for a month this time
Legal Futures, 11 January 2021
- Whiplash reforms delayed another month
Law Society Gazette, 11 January 2021
- Reaction pours in as whiplash reform programme delayed further
Insurance Business, 12 January 2021
Paul Nicholls, Chair of MASS made the following comments:
“With key issues outstanding, the new rules not yet finalised and a worsening backlog of court cases, a further delay is clearly necessary, but only allowing an extra month is neither pragmatic or sensible and gives very little extra time to prepare.
“The new process must be fit-for-purpose and the sector needs time to adjust to the new changes. If the new rules are not published shortly, the new May date will be quickly redundant. Crucially, the entire process needs to be clearly explained for the future unrepresented claimant.
“Rather than plucking a date out of the air which may be delayed further, isn’t it now the time to conduct a more thorough review of the proposed changes to ensure that they work and can actually be delivered? The reforms are important and fundamentally change the claims process.”