Personal Injury claims limits to be reviewed in 2018

Posted Dec 18, 2017.
Government plans, announced at a recent Justice Select Committee meeting, are going to face independent scrutiny in a move that is positive for both individual personal injury claimants and access to justice overall.

The current plans, announced by Justice Secretary David Lidington, are to introduce higher compensation limits meaning that far more injury claims – in particular including accidents whilst driving, as a passenger or whilst cycling or riding a motorcycle - would fall into the Small Claims Court process. The Small Claims process effectively prevents solicitors and law firms from recovering their costs when helping injured claimants secure correct levels of compensation, which is likely to result in individual claimants being forced to represent themselves when making a claim, or risk losing a much larger levels of their compensation to pay for fees if they let a claims management company run their claim. Either option is likely to have a significant impact on a claimant being properly compensated for an accident that wasn’t their fault.

A committee of MP's will undertake an independent review of the proposed limits, which are an increase to £5,000 for RTA claims - road traffic accidents of all types – and an increase to £2,000 for other personal injury claim types, such as accidents at work or whilst using public or private facilities such as parks, shops and leisure centres. The review will look at the overall impact of the proposed increases, including the role that claims management companies currently play, whilst also taking inti account the increasing importance that online courts will have in the near future.  The committee will hold an evidence session in early New Year, and their full report will follow thereafter.