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Statutory Review of the Whiplash Tariff: Call for Evidence

 

As we know the Civil Liability Act 2018 made important changes to the claim process for low value road traffic accident related injuries, most of which were ‘whiplash claims’.

The measures as we now know them came into force on 31st May 2021 and under the provision included in Part 1 of the CLA the Lord Chancellor is required to carry out a review every three years and lay his report before Parliament.

It is hard to imagine that three years have already passed since the introduction of the tariffs but to assist the Lord Chancellor a ‘Call for Evidence’ has been announced by the Moj inviting all submissions and evidence to be submitted by 11:59 pm on 2nd April 2024.

The call for evidence is said to ask whether the injury duration ranges in the tariff table reflect the “typical duration” of injuries and whether splitting the tariff into ‘whiplash only’ and ‘whiplash plus minor psychological injuries’ was a “suitable approach”.

The MoJ said that the review would take into account “inflation and changes in the claims sector”, but not the extent to which the whiplash reforms had “achieved their overall policy objectives”.

This statutory review is coming after a long period of inflation and with the tariffs set at a level substantially lower than damages historically awarded for these types of claims it must be hoped by those in the industry that a substantial uplift on the current tariff will be on the cards.

What changes if any will be implemented remains to be seen…

The Call for Evidence will run for 8 weeks, closing on 2 April 2024. Please note that due to the fixed statutory deadlines for this review, it will not be possible to grant an extension to the deadline for responses. Copies of the Call for Evidence can be downloaded here:

https://www.gov.uk/government/calls-for-evidence/statutory-review-of-the-whiplash-tariff

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Here at Box Legal, our cost-effective ATE solution for personal injury claims following an RTA occurring after 21st May 2021 takes into account the current whiplash tariff awards, which continue to support RTA claims being run on a CFA basis by covering the cost of all disbursements and any adverse costs in failed cases.

For more information please contact us by emailing info@boxlegal.co.uk or calling 0870 766 9997



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