MoJ defends position on access to justice for children amid whiplash criticism

Insurance Post, 5 November 2019

Exclusive: The Ministry of Justice has defended itself over a “loophole” in whiplash legislation that lawyers and trade bodies argue could leave the majority of children injured in road traffic accidents without access to compensation or representation.

Article includes the following quote from MASS Chair, Paul Nicholls:

MoJ defends position on access to justice for children amid whiplash criticismMoJ defends position on access to justice for children amid whiplash criticismPaul Nicholls, chair of the Motor Accident Solicitors’ Society, said: “This really hasn’t been thought through and is the sort of poor policy making that is only going to cause further problems for claimants and insurers.

“This leaves infants in a no man’s land where they cannot use the new portal, but are forced into the current portal, where insurers will either reject them or criticise the use of the portal if the settlement is below £1000.

“It is not entirely clear that the Minister understands this, let alone the practicalities of an infant litigant in person. Of course, the best way to solve this would be to increase the tariff figures at the lower end so that only very minor injuries fall below £1000.”

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