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Select Committee · Justice Committee

Whiplash Reform and the Official Injury Claim service

Status: Closed Opened: 10 Feb 2023 Closed: 30 May 2024 4 recommendations 5 conclusions 1 report

The whiplash reforms, which formed part of the Civil Liability Act 2018, are a package of measures designed to reduce the disproportionately high number and cost of whiplash claims in England and Wales. As part of the reforms the Ministry of Justice commissioned the Motor Insurance Bureau to develop an online portal; Official Injury Claim, …

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Reports

1 report
Title HC No. Published Items Response
Ninth Report - Whiplash reform and the Official Injury Clai… HC 1140 20 Sep 2023 9 Responded

Recommendations & Conclusions

4 items
1 Conclusion Ninth Report - Whiplash reform and the … Not Addressed

Suspend whiplash reform inquiry pending Supreme Court ruling, noting early concerns regarding OIC service operation.

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 …

Government response. 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.
Ministry of Justice
2 Conclusion Ninth Report - Whiplash reform and the … Not Addressed

Observe OIC portal's low usage by litigants in person due to limited awareness and confidence.

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 …

Government response. 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.
Ministry of Justice
3 Recommendation Ninth Report - Whiplash reform and the … Not Addressed

Require MoJ and Motor Insurers’ Bureau to research OIC portal awareness and user confidence

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 …

Government response. 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.
Ministry of Justice
4 Conclusion Ninth Report - Whiplash reform and the … Not Addressed

OIC portal continues to experience interface and integration problems for professional users

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 …

Government response. 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.
Ministry of Justice