Source · Select Committees · Justice Committee
Ninth Report - Whiplash reform and the Official Injury Claim Service
Justice Committee
HC 1140
Published 20 September 2023
Recommendations
3
Not Addressed
Require MoJ and Motor Insurers’ Bureau to research OIC portal awareness and user confidence
Recommendation
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 …
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Government Response 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.
Ministry of Justice
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5
Acknowledged
Require MoJ to outline urgent resolution steps for OIC professional user technological problems
Recommendation
We appreciate that it takes time for new systems to ‘bed in’ and we are encouraged that the MIB continues to request and collate feedback from both direct and professional users of the OIC and that it is committed to …
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Government Response Summary
The government acknowledges the importance of resolving technological problems for professional users, stating that work will continue to improve the OIC process and that MIB will continue to engage with users and consider feedback. It claims the service is currently operating well without committing to specific new steps or a timeline for urgent resolutions.
Ministry of Justice
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7
Accepted in Part
Require MoJ to investigate and publish findings on OIC portal unresolved cases and settlement delays
Recommendation
One of the objectives of the OIC portal was to simplify and speed up the process of making a claim for whiplash injuries. Whilst we acknowledge that the nature of the claims process is such that there will always be …
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Government Response Summary
The MoJ agrees more work is needed to understand unresolved cases and welcomes the committee's recommendation for further analysis of claims lifecycle stages. It has already considered claim dormancy and worked with MIB to develop additional data views to improve clarity.
Ministry of Justice
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9
Accepted in Part
Ensure transparency for whiplash reform savings assessment and publish insurer submissions
Recommendation
We note the requirement in the Civil Liability Act 2018 for HM Treasury to report to Parliament in the 2024–25 financial year on the extent to which savings have been passed on to policyholders. Whilst we acknowledge that many factors …
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Government Response Summary
The MoJ agrees that transparency is important for the statutory savings report and will work with HMT and the FCA, considering commercial sensitivities. However, regarding a follow-up assessment, they deem it too early to commit, stating they will continue to discuss it as the work on the savings report progresses.
Ministry of Justice
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Conclusions (5)
1
Conclusion
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 …
Government Response 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.
2
Conclusion
Not Addressed
Para 22
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 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.
4
Conclusion
Not Addressed
Para 32
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 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.
6
Conclusion
Acknowledged
Para 39
We are concerned by the growing number of unresolved cases in the OIC portal, which now stands at 349,000. For the minority of cases that have reached a settlement to date, the average time taken to do so is 251 days and is predicted to increase further as more complex …
Government Response Summary
The MoJ agrees more work is needed to understand claims flow through the OIC process and welcomes the committee's recommendation for analysis of lifecycle stages, noting work with MIB to develop additional data views to improve clarity on claim dormancy.
8
Conclusion
Acknowledged
Para 49
The Government estimated that the whiplash reform programme would remove more than £1.2 billion from the cost of providing motor insurance, and that these savings would be passed on to policyholders through lower premiums. However, whilst the total number of minor personal injury claims has reduced in the last two …
Government Response Summary
The MoJ agrees transparency is important for the statutory savings report and will work with HMT and the FCA, noting commercial sensitivity. They will continue to discuss a follow-up assessment but state it's too early to commit.