There is a lot of fuss about whiplash reforms these days and everyone is talking about them. But there are a lot of people who don’t know about whiplash reforms and the changes in the whiplash claims procedure. Moreover, a lot of people do not know how these reforms will be affecting the amount of whiplash claims a person receives?
In this article, you will get the answers to all your questions. I will tell you about whiplash reforms, their basic introduction and some changes that have been made related to whiplash injury claims. So let’s get started from the basics.
The Civil Liability Act 2018 (CLA 2018) is also known as Whiplash Reforms. It is an act that was passed on 20th December, 2018 in the UK. It has introduced a number of reforms about whiplash injury claims and gave a proper definition to the injury. But the changes mentioned in the reform have not been implemented yet and they are expected to be implemented from April 2020.
To make the definition of the reforms simple, they can be defined as, “Whiplash reforms is a word used for the number of measures taken by the government of the UK to reform the rules about personal injury claims that arise from the road traffic accidents”.
It means that the losses, damages and the amount of whiplash claims will be decided by a tariff for those people who have got whiplash injury for up to two years. But till now, this tariff-based award scheme has not been formally published by the Lord Chancellor.
There are a lot of changes being made related to whiplash injury claims. These changes will significantly affect the way people get their amount of claim these days. That is why it is very important for you to have proper knowledge about the changes which are going to be implemented for personal injury claims related to road traffic accidents.
At present, the amount of compensation a person gets for minor cases of road traffic accidents is only £1,000. It has been mentioned in the reforms that the limit for the small claims will increase after the implementation of these reforms. According to CLA 2018, the limit for the amount of small whiplash claims will increase to £5,000 while £2,000 will be paid for the other types of minor accident injury claims.
Before these reforms the proper definition of whiplash injury was not present and there was an ambiguity in its definition. That is why, sometimes it became difficult to define whiplash injury due to the ambiguous boundaries of its definition. But a proper definition has been given to reduce the number of fake whiplash injury claims in the UK.
Currently, people make their claims by hiring legal representatives and get their claims with their help. But the government has made an online portal where people can visit and file their claims. This online portal has been designed for the convenience of the people so that the injured persons can easily file their claims through this portal. The system of this portal is most likely to start from April 2020.
According to the new rules about whiplash claims, all the small cases in the UK will be dealt by the small claims court. It means that if your claim is less than the value of £5,000, you will be unable to hire any legal representative because doing so can be very expensive and you will not be able to cover the fee of that representative. The insurance company will not provide any fee for the legal representative and that is why hiring any specialist may cost you heavily.
Till now, the injured persons are compensated depending on the amount of expenditure they had in getting their treatment, their nature of case and some other factors. But according to the new rules, the amount of whiplash injury claims is fixed. According to the new reforms, people whose injuries last for less than two years will be compensated with an amount of claim that ranges from £235 to £3,910. Here is a table to help you get an idea about the amount of whiplash injury claims you can get.
The whiplash reforms will significantly impact the accident injury claims and the way people get them. These reforms will also significantly reduce the number of fake whiplash injury claims. But on the other side, it will result in a huge amount of savings for the insurance companies that will be a sigh of relief for them.
As these reforms are going to be implemented in April 2020, it is an opportunity for those people to file their injury claims before April who had any road traffic accident within the last three years. Doing so will help them to get a significant amount of compensation as the new rules are not enforced yet.
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