Andrew Wild, head of legal practice at First4InjuryClaims.
Myself and other stakeholders came together last year to discuss our experiences of using the Official Injury Claim (OIC) portal, the service set up to help road traffic accident victims pursue claims as part of the whiplash reforms.
Hosted by the Motor Insurers’ Bureau, the in-person roundtables for claimant and defendant representatives, plus other interested parties, provided plenty of food for thought. For the participants, at least. However, recently published minutes from the OIC Advisory Group’s last meeting show that 15 of the 22 proposals put forward had been dismissed by the MoJ without further consideration.
Those who took the trouble to attend could be forgiven for thinking that, once again, they had not been listened to. However, although progress is slow, there are some small positives to take. Ministers have at least left the door open for possible action on the remaining points.
Medical reporting
Some compensators and defendant representatives at the roundtables suggested that all claimants, whether represented or unrepresented, should be made to follow the same medical evidence process. It was also proposed that there should be a time limit on the disclosure of medical reports, borne out of the belief that some claimants may be holding them back in case their recovery takes longer than predicted, something that claimant representatives strongly refute.
Bringing forward such a proposal would represent a fundamental change in the long-standing rules and doctrine of legal privilege. Further, and was emphasised at the roundtable, there is no benefit to a claimant, or their representatives, of unnecessarily withholding a medical report from disclosure. The aim for all parties is for the claimant to receive the appropriate compensation award as efficiently as possible.
Finally, to ensure the accuracy of the data, law firms and compensators need to ensure their claims in the OIC are up to date and certainly before any conclusions are drawn, or any further policy decisions by the MoJ are made.
The government says these points will be addressed in its response to feedback received as part of the ‘Revisions to the Medical Reporting Process for Road Traffic Accident Claims’ consultation. Publication is expected later this year.
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