Recommendations & Conclusions
4 items
1
Conclusion
Ninth Report - Whiplash reform and the …
Not Addressed
Given that some of the witnesses the Committee would have intended to call to give oral evidence are parties to the case of Hassam v Rabot to be heard by the Supreme Court in early 2024, and the centrality of the treatment of mixed injury claims in assessing the overall …
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Given that some of the witnesses the Committee would have intended to call to give oral evidence are parties to the case of Hassam v Rabot to be heard by the Supreme Court in early 2024, and the centrality of the treatment of mixed injury claims in assessing the overall implementation of the whiplash reform programme, the Committee has decided to pause its inquiry until the Supreme Court has ruled on the case. In the interim, we nevertheless wish to raise some concerns in relation to the operation of the OIC service to date, which were highlighted in the written evidence we received, and which we have set out in the remainder of this Report. We have also published the written evidence to the inquiry. We note that these are Parliamentary Proceedings, and that just as we are pausing our inquiry in respect to the Supreme Court, parties to the case should bear in mind that Article IX of the Bill of Rights 1689 applies to the Committee’s proceedings and so not make reference to this evidence in the ongoing case. (Paragraph 7) Use of the O C portal by litigants in person
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Government response AI summary
The government's response discusses unrepresented claim volumes and OIC online visibility, but does not address the committee's statement about pausing its inquiry or the advisory regarding Article IX of the Bill of Rights 1689.
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Ministry of Justice
2
Conclusion
Ninth Report - Whiplash reform and the …
Not Addressed
The OIC portal has been designed to support people who have suffered injuries from road traffic accidents to make a claim for compensation without the need for legal help. Initial estimates had suggested 30% of users would not have legal representation, yet this is currently the case for less than …
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The OIC portal has been designed to support people who have suffered injuries from road traffic accidents to make a claim for compensation without the need for legal help. Initial estimates had suggested 30% of users would not have legal representation, yet this is currently the case for less than 10% of users, and even this figure is disputed by some who suggest it is likely to be lower still. This is largely because of a lack both of awareness around the existence of the OIC and of confidence in navigating a potentially complex system.
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Government response AI summary
The government's response describes the OIC service design and feedback mechanisms. It does not directly address the committee's finding that the percentage of unrepresented users is low due to a lack of awareness and confidence.
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Ministry of Justice
3
Recommendation
Ninth Report - Whiplash reform and the …
Not Addressed
Whilst we accept that the majority of OIC users will continue to use legal representation, it is not clear to what extent a lack of awareness of the portal is responsible for the low number of unrepresented claims. Accordingly, we recommend that the MoJ and Motor Insurers’ Bureau conduct research …
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Whilst we accept that the majority of OIC users will continue to use legal representation, it is not clear to what extent a lack of awareness of the portal is responsible for the low number of unrepresented claims. Accordingly, we recommend that the MoJ and Motor Insurers’ Bureau conduct research to better understand this, and whether steps to improve awareness of the OIC portal and user-confidence in the system would encourage more litigants in person. (Paragraph 23) Technical issues for professional users
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Government response AI summary
The government's response discusses unresolved cases and welcomes a *different* committee recommendation regarding analysis of the claims lifecycle. It does not commit to conducting research on OIC portal awareness and user-confidence to encourage more litigants in person.
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Ministry of Justice
4
Conclusion
Ninth Report - Whiplash reform and the …
Not Addressed
The OIC portal was designed with unrepresented claimants and users in mind, whereas as we have already noted the vast majority of the portal’s actual users are legal professionals. We are concerned to hear that a number of professional users of the OIC service continue to experience problems with the …
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The OIC portal was designed with unrepresented claimants and users in mind, whereas as we have already noted the vast majority of the portal’s actual users are legal professionals. We are concerned to hear that a number of professional users of the OIC service continue to experience problems with the portal failing to adequately interface and integrate with other systems. We are also concerned to hear about the problems some professional users face when having to copy information between systems, leading to inefficiencies and potential delays in claims being settled and injured people receiving their compensation.
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Government response AI summary
The government's response outlines work related to the Civil Liability Act 2018 and general improvements to the claims process. It does not specifically address the committee's concerns about professional users experiencing problems with portal interfacing and integration.
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Ministry of Justice