On 31st May 2021, there will be an increase in the small claims track limit for adult injury claims excluding some vulnerable road users (cyclists, pedestrians, motorcyclists etc.) arising out of a road traffic accident (“RTA”) from £1,000 to £5,000, which will mean that only very limited costs will be recoverable from the defendant. The new limit applies to all claims where the accident occurs after 31 May 2021.
For all whiplash injuries lasting less than 2 years there will also be a fixed table of compensation, linked to how long the whiplash injury lasts. This fixed whiplash compensation will apply to children as well as vulnerable users. RTA claims will be dealt with via a new online portal with a new accompanying protocol and there will be a ban on offering to settle whiplash claims before a medical report is obtained. Injuries occurring before the 31 May, 2021 are unaffected.
We have been arranging After The Event legal expense insurance policies for road traffic accidents since 2004 and we are pleased to say that we will be continuing to offer similar policies once the above changes come into force on May 31st 2021.
We have taken the opportunity to work with our existing panel firms to develop a new policy which takes account of all of the changes outlined above. The policy we have produced will still provide full cover for disbursements and will still continue to offer existing benefits while minimalising your administration. The result is a policy which can not only compete with any existing "Before The Event" policy which your client may have, but one which is able to offer more. The policy supports you the solicitor, and will integrate seamlessly into your new procedures.
The policy is essential in providing you with the security that should a claim fail, all of the disbursements you have incurred on your client’s behalf will be covered - as well, of course, as any adverse costs which might be awarded against your client. Most importantly we are pleased to say that we have been able to develop a policy with the lowest possible premium to ensure that your client always receives the maximum possible compensation, and that it remains economic for you to continue to recover what are now reduced levels of compensation and costs. In fact our policy may be the gateway to you continuing to act for your clients in this area post 31st May.
For further detailed information regarding the above reforms, go to: Government reveals long-awaited whiplash rules and tariffs. For more information about our new RTA whiplash policy, simply fill in the contact form below and we will get back to you.