In a bid to tackle the high number and cost of whiplash claims which pushed up motor insurance premiums for drivers, the government announced it would implement a Whiplash Reform Programme.

The changes were expected to come into force in April, but secretary of state for justice, Robert Buckland MP, confirmed the new measures would be pushed back to 1 August 2020.

He said: “The government remains firmly committed to implementing measures to tackle the high number and cost of whiplash claims. The government had indicated that we wished to implement these measures from April 2020. The ministry of justice has made major progress towards this.

“Despite this progress, the government has given careful consideration to whether implementing the whiplash measures in April remains practical, given the work that remains to be completed. We have listened to the arguments made by both claimant and insurance representative bodies.

“As a result, the government has decided more time is necessary to make sure the Whiplash Reform Programme is fully ready for implementation. We have always been clear that we need to do this right rather than hastily.”

Whiplash Reform Programme – what’s changing?

The law surrounding road traffic accidents and claims as a result of personal injury will change later this year as part of The Civil Liability Act 2018.

This includes increasing the small claims court limit for road traffic compensation from £1,000 to £5,000. If an injury is worth less than £5,000, claimants can still go to court but they will need to pay for their own legal costs or represent themselves, according to JMP Solicitors.

There will also be a fixed amount on how much claimants can receive for pain, suffering and loss of amenity for whiplash injuries sustained in a road traffic accident.

For injuries that last less than two years, the fixed amount you can receive will range from £235 – £3,910, lower than the typical £5,000 damages level currently set.

There will also be a ban on the making or accepting of offers to settle a whiplash claim without a medical report.

Under the new act, this means claimants will have to submit their own proceedings as well as manage their own medical evidence, including paying for medical assessments and treatment before receiving compensation.

‘Act now’

JMP said the act “will bring huge financial savings for the insurance industry but it will be at the expense of those injured as a result of negligence through no fault of their own”.

Ian Howard, managing director and personal injury solicitor at JMP Solicitors, added: “The extension of The Civil Liability Act until August is a timely opportunity for those with a genuine injury and legitimate claim to act now to secure adequate compensation.

“The new law will almost certainly make the claims process and level of compensation significantly less effective for road traffic accident victims, leaving them to navigate the legal proceedings without any help, and undoubtedly leaving them with a reduced amount of compensation.

“For those pursuing claims it’s imperative to act sooner rather than later to ensure your claim is dealt with fairly before the new act comes into effect.”