Commenting on the MoJ/MIB decision re hybrid or mixed injuries, Stuart Hanley, head of legal practice at Minster Law, said:
“We are pleased the MoJ has acknowledged the need to clarify the issue, but in the meantime the ‘easy to use’ portal will leave tens of thousands of people with mixed injuries between the devil and the deep blue sea.
“Mixed injury claims (when one injury is a whiplash tariff injury) can still proceed but claimants have to decide whether to settle their claim now or wait for Court of Appeal guidance, which may be many months away. In the meantime, the lower courts may adjourn/stay quantum hearings on these cases pending guidance from the Court of Appeal.
“A lot depends on the nature of the offer from the at fault insurer and any discount they apply for any overlap between the injuries. The offer may well be lower than what a claimant could expect from the court, which will leave them at risk of detriment.
“For injured people having to decide whether to stick and wait ( for several months) or gamble and risk under-settling their cases, this does not feel like an improvement to the old system that ministers promised.
“The interim period prior to a Court of Appeal ruling underlines the importance cooperation between insurers and claimant firms on hybrid cases to ensure that customers’ needs are a priority for us all.
“Justice delayed is justice denied, and we can surely all agree that short-changing injured people is not access to justice.”