Drivers and passengers have until April 2021 to seek help from Solicitors on a NO Win NO Fee basis
The UK Government are making drastic changes to the personal injury sector as they look to implement ‘Whiplash reforms’ in April 2021.
The reforms will increase the small claims limit from £1000 to £5000 for injuries resulting from road traffic incidents. This means that, as of the April 2021, those of who have sustained injuries in road traffic incidents, whose settlement will be less than £5,000 will no longer be entitled to seek help from a solicitor on a NO Win NO Solicitor Fee basis.
From April 2021 the government will be implementing a portal where the injured person will have to submit a claim directly, without having any access to a Solicitor. To date, there has been no guidance as to how an injured person will obtain medical evidence to support their injuries or if there will be any assistance for them in proving their financial losses such as care or loss of earnings.
If the reforms go ahead as planned it will not only remove the right to representation but reduce the amount of damages that can be recovered.
The table below shows, the duration of injury, the proposed new fixed tariff and in the right column the amount of compensation that it is possible to recover, currently.
Gordon Dalyell who was the president of the Association of Personal Injury Lawyers, said: “This is a complex legal system which is supposed to be used by real injured people who have no legal experience”.
The rules are still being ironed out, however, we do know the rules will not apply to ‘vulnerable’ road users such as motorcyclist, cyclists, pedestrians and horse riders.