Industry Comment on OIC Rules

26 February 2021 alastair walker Insurance claims 0

Some feedback on the latest installment of the MoJ Portal saga;

ACSO

Commenting on the publication of the civil procedure rules for the Official Injury Claim (OIC) portal yesterday 25.02.21), Matthew Maxwell Scott, executive director of ACSO, said:

“This has been a huge task for the judiciary and the MoJ team and it’s good to see the rules finally appear. Nevertheless, our members have very little time to prepare fully for the portal launch at the end of May.

“We are pleased that ministers have held off on increasing the limit for non-RTA claims such as employer liability and public liability, leaving the limit for these claims at £1K. Injury claims fell dramatically during 2020 and were falling before then anyway.

“The MoJ has also heeded ACSO’s concerns with regards to fair treatment for vulnerable road users and has decided against increasing the small claims limit for this group.

“The decision to remove entirely the small claims limit for children and protected parties and direct all their claims into the fast track is a good short-term fix, but we need to know what the long-term plans are for these types of injured person.

“Looking ahead, we must all work together to make sure the portal succeeds. That includes making rapid changes if the consumer experience of the new system proves a challenging one, not just at launch date but also beyond it. Cooperation between all sides will be a vital part of this process.

“Greater clarity on rehabilitation is certainly needed, as is the inclusion of an alternative dispute resolution mechanism. Without it, we’re going to see long delays before cases get to court and an imbalance of arms between claimants and defendant insurers.”

HANDL GROUP

Commenting on the publication of some of the detail governing* the new small claims portal, Graham Pulford, CEO of handl Group, which provides a variety of claims-related services to both claimant and defendant sides, said:

“Five years after the government first announced its intention to reform whiplash claims, we are now at the business end of that action.”

“As we enter the final lap before the launch of the portal in May I am confident that handl Group companies are ready to service customers from day one with reforms-ready service solutions.

“The launch of the portal will inevitably throw up teething issues so we urge the MoJ and MIB to remain open to making further changes to processes if those changes improve the consumer experience.”

* Civil Procedure (Amendment No 2) Rules 2021

MASS COMMENT

Paul Nicholls, Chair of MASS added;

“With only twelve weeks to go before implementation, we welcome the publication of the secondary legislation, but still urgently await the Pre-Action Protocol and Practice Direction. We remain very disappointed that the government is going to substantially reduce the compensation available for genuinely injured accident victims, whether represented or not. They are unfairly low and it is an injustice to value compensation higher for a cancelled flight or a comparable injury sustained in any situation other than in a car accident. We also urge the government as a matter of urgency to publish its plans for a comprehensive information campaign which clearly explains the new claims process to the public.”

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