The Official Injury Claim process is a service operated on behalf of the Ministry of Justice (MoJ) and the following provides a brief overview of how it will operate:
The tariffs for whiplash will only apply to those claims where the RTA accrues on or after 31 May 2021. the process is as follows:
- A claimant is asked about their claim, for example where and when the accident happened, injuries, other vehicles involved and is considered responsible.
- This submission is passed to the insurance company that covered the driver you believe was responsible. The service calls them the ‘compensator’ and they will make their own investigations to consider the claim.
- the claimant will need an appointment with a medical expert to assess their injury and write a medical report. The OIC service will assist arranging this.
- Assuming the claim is as presented, the driver liable* and the injury consistent**, the claimant will be offered compensation for their personal injury claim, which they can choose to accept or reject
- If the claimant accepts the offer, the compensator will contact them to arrange payment.
*liability …volumes have been written on this but in brief, the other driver must be at fault! This is where disputes often arise; ‘accidents’ are commonly not ‘intentionals’ but the result of one or both parties making a mistake. Some incident circumstances are more clear cut than others.
** ask yourself why this new process is required. One answer is that some people involved in LVI (low velocity impact), or LSI (low speed impacts) or MIST (minor injury, soft tissue) claims have over-egged their injuries and claims. The existence of so many acronyms should indicate the attention the subject has received! soa sk yourself:
- was the other party to blame … or was I in part (or wholly) responsible, and if the other driver was at fault:
- what truly is the extent of my injury?
Being forthright and realistic will ensure the system works for all.
Complications & Considerations:
- If you are being represented by a solicitor, law firm or claims management company, they will need to complete the submission.
- To use the service, you need to have the registration number and driver details of the party you state is at fault. If your accident involved an untraced driver (hit and run), you may be able to make an untraced claim instead with the Motor Insurers’ Bureau.
- You cannot use the service if the driver at fault was in a vehicle registered outside the UK. You may be able to claim instead under the Green Card Scheme.
The Whiplash Injury Regulations 2021 – ukdsi_9780348220612_en
The Civil Liability Act 2018 (Commencement No. 1 and Transitional Provision) Regulations 2021