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"What a mix up" - work begins on whiplash portal 'mixed claims' test cases

With the new Official Injury Claims portal now live the question of valuing cases with multiple injuries remains uncertain.

Official Injuries Claims have explained that there is to be a collaborative approach to test cases and multiple injuries where injuries fall inside and outside the tariff scheme.

Surprisingly, neither the Civil Liability Act nor the Regulations have ever directly addressed the issue of how to value damages for pain, suffering and loss of amenity where a claimant suffers both a whiplash injury to which a tariff will apply, and another injury to which no tariff will apply.

From an insurers perspective there is concern that the non-tariff element of claims could become inflated to make up for the lower whiplash tariff, whilst claimant solicitors wish to be provided with clarity on how to value ‘mixed’ claims to ensure that claimants receive a fair settlement.

The MIB have confirmed that a working group has been formed this week with representation from the Association of Personal Injury Lawyers, the Motor Accident Solicitors Society and the Association of British Insurers with the intention of bringing together a range of test cases before the Court of Appeal.

It is hoped that this approach will provide much needed guidance on how to value mixed injury claims under the new system, but what was trumpeted as a simple claims process that most claimants will be able to manage without legal representation already looks more complicated than first thought.

Solicitors who continue to act for those claimants not wishing to pursue claims alone in the new RTA claims regime now face having to fund the cost of medical report fees whilst earning less in legal fees on successful cases to cover this cost. Disbursement write offs could eat heavily into a lower profit margin.

For this reason we have developed a cost effective ATE insurance solution for personal injury claims following a RTA occurring after 31 May 2021, which takes into account the new whiplash tariff awards and which continue to help support RTA claims being run on a CFA basis by covering the cost of all disbursements and any adverse costs in failed cases.

This is a single, easy to use policy covering all cases from small claims through to high value multi-track claims. Premiums are deferred and based on the final value of the claim.

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

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