The MoJ published the second quarter data from the Official Injury Claim service which prompted a flurry of press coverage:
Law Society Gazette
Represented claimants continue to dominate ‘user-friendly’ RTA portal, 9 December 2021
Litigants in person continue to shun Official Injury Claim portal, 9 December 2021
Concerns flagged as nine in 10 OIC portal claimants still represented, 9th December
90% Of Claims On Whiplash Portal Have Legal Representation, 9th December
Second batch of Official Injury Claim portal data confirms early trends, 8 December
Modern Insurance Magazine, Issue 50
Measuring the success of OIC
Written before publication of any official data – MASS Chair, Sue Brown believes we are far from understanding the new dynamics of the market.
We were flattered that the MoJ decided to coincide the publication of the first quarterly figures for claims registered with the OIC with our conference and the appearance of David Parkin, Deputy Director for Civil Justice and Law, in our OIC panel discussion.
As a result, there was extensive media coverage of the OIC data with comments from MASS, conference participants and other stakeholders.
Law Society Gazette:
Most whiplash claimants still relying on lawyer for portal, 21st October
More than 90% of OIC claims brought by lawyers, first official figures show, 21st October
Delays in bringing whiplash claims “may be tactical, not technical”, 22nd October
Less than 10% of whiplash portal claimants unrepresented, 21st October
OIC portal data raises ‘questions’ on exceptional circumstances and access to justice, 21st October
MOJ to ‘reflect’ on visibility of OIC portal, 25th October
Modern Insurance Magazine Issue 49
Early trends emerging from the new claims landscape
OIC advisory group set up amid concerns over insurer behaviour, 27th August
Trade Voice: Mass chair Paul Nicholls on why an ineffective Official Injury Claim portal is good for no-one, 25th August
Modern Insurance Magazine Issue 48
We all have a role to play in making the reforms work
Insurance Edge, 27th May 2021
MoJ Portal: Will There Be A Whiplash Backlash?
Modern Insurance Magazine Issue 47
Ensuring justice in new whiplash reforms
Modern Insurance Magazine Issue 46
The clouds of uncertainty are clearing
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.”
Modern Insurance Magazine Issue 45
Is the fight against fraud set to suffer?
Paul Nicholls looks at how fraudulent behaviour may be impacted by the whiplash reforms.