“Ban whiplash claims”
In October 2015 the then Chancellor George Osbourne announced an intention to "ban whiplash claims" due to perceived consumer harm from their impact on motor insurance premiums. The aim was to de-incentivise whiplash claims, deter fraud, and reduce motor insurance premiums.
These reforms come into force on 31 May 2021 and apply to low value Road Traffic Act (RTA) whiplash claims occurring on or after 31 May 2021.
What the changes are:
Qualifying claims will be pursued via a new online portal – the Official Injury Claims portal (OIC). Claimants will access and manage their claim through the OIC and insurers will have 30 days to make a liability decision.
There is no 'ban' on RTA whiplash claims but the reforms do ban offers on qualifying whiplash claims without medical evidence. The introduction of tariff damages (for injuries up to 24 months duration) will reduce compensation and the cost of these claims.
There will be two tariffs – one for whiplash only, and a second for whiplash plus "minor psychological injury" (yet to be defined):
A "whiplash injury" has been formally defined. We've assessed the applicable scope of the change to be approximately 80% of current RTA injury claims.
The Small Claims Track limit for RTA injury claims will increase from £1,000 to £5,000 (subject to certain exemptions), meaning legal costs are no longer payable on claims up to the value of £5,000, and therefore ought to be less attractive to fraudsters, claimant solicitors and claims management companies.
The Small Claims Track limit for Employers’ and Public Liability injury claims (currently £1,000) will not change at this time, but Government has indicated it will increase to £1,500 from April 2022.
What we need from you:
In essence the introduction of OIC does not change the fundamental claims reporting requirements, so please continue to
This will enable us to continue managing claims effectively and efficiently, hitting the deadlines required by OIC.
In the event of a liability dispute, we will need to create a more formal statement detailing the driver's version of events within the 30-day liability period, and this will need to be signed by the driver.
It is our aim to use all the evidence that the customer/driver provides us with and with the client's further engagement prepare the formalised driver's ‘version of events'. We will adopt the template style provided within the Small Claim Track Pre-Action Protocol and will, as much as possible, re-use information taken from a written accident report form where one is provided.
To set out the most persuasive argument in defence of any claim, on the client's behalf, it is likely that we'll need to contact the driver after the initial notification to gather further compelling evidence from them to support the case.
If you have any questions, please contact ManningUK 01491 578759
In accordance with the Government guidelines ManningUK staff are working from home and are ready and able to deal with all questions and enquries. The telephone lines remain open from 9.00am – 5.00pm Monday to Friday. Please do not hesitate to contact us during this time or via email. To all our visitors and clients stay safe during these extremely tough times.
If you are planning to take your vehicle abroad after we leave the EU ManningUK is advised you will need a Green Card document to extend the policy to include cover outside the United Kingdom. Therefore if you are travelling outside the United Kingdom any time after the end of March 2019 please telephone us. We understand there will be a charge but we do not know what it will be yet.
After the great success of last year's festival firework shows, the MANNINGUK team are delighted to once again sponsor the Henley Festival fireworks. We hope to see them bigger and even more spectacular than last year.
Some things are beyond all our control, but the consequences can be minimised with a little planning...
Here are some key points to consider when addressing the effects weather-related risks could have on your business:
Roofs, gutters and drains should be inspected at least once a year, particularly where trees are in close proximity.
Even if those involved in a weather related accident are not your employees, you must make sure that the Work At Height Regulations (WAHR) are adhered to before work commences, and that all safety precautions possible are put into place.
Lightning conductors or UPS battery back-up units fitted to computer systems may not in themselves be sufficient to protect all vital electronic or telecommunications systems from lightning damage.
Keep stock off the floor wherever possible to prevent from potential flood damage. Store it on shelving, racking or pallets - particularly in basement areas.
The Environment Agency has published floodplain maps on their website at www.environment-agency.gov.uk - you can and should use these to establish the likelihood of your premises being flooded.
With central heating systems, the risk of suffering burst or frozen pipes can be reduced by making sure that they include a "frost-stat". This will override the time clock in the event of a very low temperature whilst the heating is off, and keep the heating a temperature just high enough to prevent freezing.
Storage tanks should also be adequately insulated.
For any more information or if you would like MANNINGUK to review your insurances whilst taking these points into account, please contact us.
Tel: +44 (0)1491 578 759 Fax: +44 (0) 1491 577 123 MANNINGUK is the trading name of A Manning UK Limited. Registered Office Address: 73A Reading Road, Henley-on-Thames, Oxfordshire. RG9 1AX. Registered Number 1807814. Authorised and Regulated by the Financial Conduct Authority. To verify see www.fca.org.uk under FCA reference number: 302687.
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