The UK Justice Committee has called on the Ministry of Justice to conduct an urgent investigation into the 349,000 unresolved cases in the Official Injury Claim Service Portal.
This development comes as part of the government’s Whiplash Reform Programme. The programme was initiated in May 2021 to address the high number and cost of whiplash claims in England and Wales.
Alarming injury claim statistics
The Justice Committee’s recent report raises alarming concerns. Data reveals that only around 25% of cases have reached a settlement, with an average settlement time of 251 days. This timeframe is expected to increase as more complex cases, which have historically taken longer to resolve, enter the system.
Additionally, the report highlights a significant disparity in legal representation among claimants. While 90% of claimants have legal representation, only 10% attempt to navigate the OIC portal independently. This disparity suggests either the complexity of the process for unrepresented claimants or a lack of awareness about the new system.
Moreover, concerns have been raised about the lack of integration between the OIC portal and existing case management systems used by legal professionals. The committee urges the MoJ to swiftly address any technological issues impacting efficiency and accuracy.
Calls for change
Sir Bob Neill MP, Chair of the Justice Committee, stated: “One of the objectives of the OIC portal was to simplify and speed up the process of making a claim for whiplash injuries.
“We recommend the MoJ investigates further the reasons for the growing number of unresolved cases and the deterioration in the timeliness of reaching settlement, and publishes its findings by the end of the year.”
Andrew Wild, head of legal at First4InjuryClaims, said: “The current delays faced by claimants is totally unacceptable and the fact that concerns are finally being listened to can only be a positive step.
“There are several reasons why delays are so long. One being that there is no penalty for bad behaviour, such as denying liability in the face of clear evidence to the contrary or failing to respond in a reasonable timeframe during negotiations. Prior to the reforms, cost sanctions could be imposed and should be re-introduced.
“Another perceived reason is represented claimants holding onto medical reports, however, as shown by the Supreme Court involvement these claims are not straightforward and they often involve complex injuries or losses.
“More needs to be done to raise awareness of the portal. However, I believe the majority of claimants will still not be confident pursuing matters themselves and want the support and reassurance of a legal professional.
“What is clear is that the industry must work together to create a system that better benefits injured motorists and behaviours must be scrutinised or these problems will persist.”