The Official Injury Claims (OIC) online portal has announced that progress is being made in deciding how accidents with more than just whiplash injuries should be compensated.
As those in the profession are aware this clarification is clearly required as neither the Civil Liability Act nor the portal regulations have directly addressed the question of how to value damages where there is no set tariff, when whiplash is also claimed.
The OIC have reported that they are now seeing first instance judgements being handed down and that these are being filtered through to decide which will be determined at the Court of Appeal.
An update from the working group made up of the Association of British Insurers, Association of Personal Injury Lawyers, and Motor Accident Solicitors Society have indicated a willingness to work together to ensure cases reach court “at the earliest opportunity”.
Both sides have instructed lawyers who are collating a selection of claims to be used as test cases.
In the meantime, where exactly does this leave claimants?
Unsurprisingly a backlog of mixed injury claims has now built up, leaving many claimants unsure of whether to settle their claim now or to wait many months for Court of Appeal guidance.
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