Justice Secretary to introduce independent medical panels to assess injuries but defers RTA small claims limit increase
Claimant personal injury lawyers have given a cautious welcome to government plans to tackle fraudulent whiplash claims.
Justice Secretary Chris Grayling gave the go-ahead this week to proposals to introduce independent accredited medical panels to assess injuries of claimants and weed out exaggerated or fraudulent claims, and to require injured parties to have a medical report before they can make a claim.
However, he is deferring plans to increase the small claims limit from £1,000 to £5,000 for road traffic accident injuries. The House of Commons transport committee had argued that raising the limit could reduce access to justice and encourage the growth of claims management companies.
The Ministry of Justice (MoJ) first consulted on the proposals in December.
John Spencer, vice-president of the Association of Personal Injury Lawyers, says he supports ensuring claimants are examined by an independent medical expert.
However, he warns: “The devil really will be in the detail. Who will control the panel? Who will register experts to it and control entry to the panel? What will the appeal process be?”
Simon Gibson, managing partner of personal injury firm SGI Legal, says it is “in the interests of all parties” for medical experts to be independent, but urges the MoJ “to fully consult with stakeholders to ensure that the implementation of the panels adds value to the claims process”.
Laurence Besemer, chief executive of the Forum of Insurance Lawyers, welcomes the MoJ announcement.
