rmp-logormp-logormp-logormp-logo
  • Why RMP
  • Who we work with
  • Resources
  • Insights
  • People
  • Get in touch
  • Risk Portal
Published by Risk Management Partners on January 29, 2024
Categories
  • Casualty
  • Local government
  • Resources
  • Risk Control
Tags
  • Casualty
  • Motor

Market (Injury) Update & Impact of the Whiplash Reforms – January 2024

Home > Market (Injury) Update & Impact of the Whiplash Reforms – January 2024

Introduction

Please find below the analysis on the latest MI released from both Claims Portal and the OIC Portal.

In the previous update we noted that the Parliamentary Select Committee’s review in to the reforms was published with questions raised of the MOJ and MIB into the low levels of direct claimants, high level of outstanding claims, concerns over savings being passed on to motorists with insurance premiums. The issue surrounding the valuation of ‘mixed injury’ was raised but not expanded on and is due to be heard by the Supreme Court with a date now set of 20th February. The Government responded to the report in a letter issued on 20th November.

The letter states that…. “the Government remains committed to reducing costs for ordinary motorists in England and Wales through the Whiplash Reform Programme, whilst also ensuring access to justice for all parties through a more proportionate compensation regime.”

In a detailed memorandum to the letter, the Government has responded to the questions raised in the report with its conclusions highlighted below:

Use of the OIC portal by litigants in person

The Government states that it does not agree that further action is required regarding the proportion of unrepresented claimants using the OIC service. The OIC provides claimants with a choice as to whether to progress a claim themselves or to seek the support of a legal professional. It is important that this choice is maintained. They will, however, continue to work with MIB, and other stakeholders to identify and implement web optimisation and improve the visibility of the OIC service.

Unresolved cases and timeliness

The MoJ agrees that more work needs to be undertaken to better understand the flow of claims through the OIC process. Additional data will be published from January 2024 to help to provide greater clarity on the impact of dormant claims on outstanding claim volumes. The MoJ will also continue to work with MIB, CPL, MedCo and the senior judiciary to analyse the different claim journeys, to identify and implement improvements to the claims process.

In addition, feedback and evidence from the recent medical reporting consultation exercise will be considered and fed into the work on claims flow.

The cost of motor insurance

The MoJ agrees that transparency is important regarding the production of the statutory savings report and will work with HMT and the FCA in this regard, taking due notice of commercial sensitivity of the data collected. The Government will continue to liaise with HMT and the FCA in relation to whether to conduct a follow-up assessment one year after the publication of the review report. Whilst there is no statutory requirement to complete a follow-up exercise they do not disagree with the suggestion. They would though caution that it is too early to make such a commitment. They will, however, continue to discuss this point with HMT and FCA as their work on the savings report progresses.

Claims Portal(s) Review

Following the reported influx of EL Disease claims in August and September, volumes have now returned to pre August levels with December recording the lowest volumes seen in 2023. As such and as suggested the increase was down to the sweeping up of claims and potential farming of claims to ensure they were submitted prior to the extension of the Fixed Costs Regime in October last year. Below is the review of the volume of claims seen in the OIC Portal.

Report Highlights

As always, RTA claims presented in Claims Portal (claims above £5,000 or for other exempt claims) still have to be taken into account in the overall numbers and these are shown combined with the OICP data in the chart that follows.

In the last rolling 12 months, November remains the only time the combined new claims received in the month exceeded 35,000, with a gradual drop off in the overall number of claims in June, July and August and September seeing the lowest number of claims submitted into the OICP since April (April had four fewer working days than September).

To compare historic volumes I have added a chart that looks at the volume of claims received since the Portal was first introduced in 2010. Pre pandemic lockdown we were seeing claims regularly in excess of 50,000-60,000 a month, CNFs dropped to below 30,000 in the quarter from March 2020 due to the 1st lockdown, but did increase to in excess of 30,000 by Q3 of 2020. Volumes have remained relatively constant thereafter perhaps therefore the combination of the lockdowns followed by the whiplash reforms together has been responsible for numbers remaining where they are. It would be extremely difficult to separate the two market influences to see the impact of these reforms in isolation, total volumes however, have dropped to 25,000 for the first time since the early pandemic days in 2020. There are of course other social and economic issues that can influence accident numbers not least the cost of living, inflation as well as the residual COVID-19 impact.

The overall of claims split remains circa 75/25 in favour of the OICP.

Please download to read the full resource.

How can we help you?

For more advice on how we can help lower the cost of your risk, please email contact@rmpartners.co.uk

Unsubscribe

You can opt out of marketing communications at any time by contacting us.

Download Resource

Download the Market (Injury) Update & Impact of the Whiplash Reforms – January 2024 PDF

Related Resources

Tree root claims...

Dogs in Schools...

Skateparks – A Guide for Local Authorities...

Judicial College Guidelines Update – March 2024...

Risk Assessment – Suitable and Sufficient?...

Street Lighting Advice for Local Authorities...

Lighting for Car Parks...

Office Chairs and Fire Safety...

Cycling to and at work...

Aggregate stop loss protection...

Personal Protective Equipment (PPE)...

The RAPP Tool...

Autonomous Vehicles: Ethical Decisions and the Impact o...

Laser Safety in Higher Education...

Bodycams in Higher Education – Better Safety...

Free Running...

Solar Panel Installations...

Safety in Managing Street Works – Chapter 8...

Taking Pride in Zebra Crossings...

The American XL Bully...

Market (Injury) Claims Update – June 2024...

Market (Injury) Claims Update & Impact of the Whip...

Artificial Intelligence in Higher Education...

Dangers from Cobalt in Lithium-ion Battery Fires...

Martyn’s Law – The Protect Duty – A C...

Industry Highlights – October 2023...

Volunteers – Risk Management Guidance...

Bike Pool Schemes...

Police Vehicles – Use of Bait and Entrapment Vehicles...

Managing Choking Risk...

Managing Manual Handling...

Martyn’s Law – The Protect Duty – A C...

Manual Handling: MAC Tool...

Driving and the Menopause...

Bullying, Harassment and Discrimination...

What does the energy crisis mean for public spaces?...

EV Safety Guidance...

Risk Management for Public Events...

Managing Agency Drivers...

Section 114 Notices...

ESG – Higher Education...

General Safety Regulations 2024...

Managing Roofs in Higher Education...

E-Cargo Bikes...

Whistleblowing and Safeguarding – Higher Educatio...

BT Redcare Closure...

ESG...

Whistleblowing and Safeguarding...

Managing the Highways...

Slips, Trips & Falls Toolkit – Winter Weathe...

Protecting Buildings from Vehicle Attacks...

Student Suicide Awareness and Management...

Bonfires & Fireworks Displays – Higher Education...

Asbestos Management in Higher Education...

Assurance Reporting in Higher Education...

Managing the Risks from Diabetes...

Claims Cost Inflation...

The Rise of Artificial Intelligence...

Slips, Trips & Falls Toolkit – Risk Insight...

Managing Sleep Debt...

RMP Risk Control – Public Sector State of the Nation Re...

Work Experience Placements...

RMP Risk Control – Formula Student...

Unoccupied Premises...

Managing Risks associated with Swimming Pools in Educat...

Wheel Security...

RMP Risk Control – Permit-to-work management...

Research Projects which need to be referred to RMP / HD...

RMP Risk Control – Thermal comfort at work...

Slips, Trips & Falls Toolkit – Contamination...

Slips, Trips & Falls Toolkit – Incident Inve...

Slips, Trips & Falls Toolkit – Human Factors...

Market (Injury) Update & Impact of the Whiplash Re...

Slips, Trips & Falls Toolkit – Slip Resistan...

Joint Venture Risks...

Managing Graduations...

Managing risks associated with online vehicle booking s...

Seat Belt Buckle Guards...

RMP Risk Control – Supervised and Unsupervised Gyms...

Mould in Landlord Controlled Properties...

Slips, Trips & Falls Toolkit – Cleaning Regi...

RMP Risk Control – Preventing Falls from Windows...

Bite Size Virtual Training Programme – Fleet and Driver...

Broker Bulletin No. 19 – Police vehicles – drivin...

Slips, Trips & Falls Toolkit – Flooring, Cle...

Bite Size Virtual Training Programme – Casualty Risk...

Slips, Trips & Falls Toolkit – Entrances...

New and Expectant Mothers at Work and Study...

Summer Driving...

Employees Domiciled Abroad – Higher Education...

Bite Size Virtual Training Programme – Casualty R...

Working at Height Toolkit – Fall Restraint...

Assistance Dogs, Service Dogs and Puppy Therapy...

Slips, Trips & Falls Toolkit – Stairs &...

Slips, Trips & Falls Toolkit – Managing Trip...

Employees Domiciled Abroad...

Whiplash Reforms Update – August 2023...

Personal Data Breaches in Higher Education...

Risk Management Health Check...

Slips, Trips & Falls Toolkit – Footwear...

IICSA: The End of Limitation?...

Community Speed Watch...

Market (Injury) Update & Impact of the Whiplash Re...

Working at Height Toolkit – Fall Arrest...

Working at Height Toolkit – Scaffolding...

Bite Size Virtual Training Programme – Fleet ...

Introduction to Essentials for Enterprise Risk Manageme...

Essentials for Enterprise Risk Management (EERM) in Hig...

Working at Height Toolkit – Introduction...

Personal Data Breaches in Public Sector...

Working at Height Toolkit – Fall Protection...

Lanyards While Driving...

Working at Height Toolkit – Fragile Roofs and Sur...

Managing Woodland Visitors...

Martyn’s Law – The Protect Duty Legislation...

E-Bikes and E-Scooters – The Perils of Lithium-io...

IICSA: The Proposal of a National Redress Scheme for En...

Key Control: how good is your key security?...

Managing Risks Associated with Refuse Vehicles...

IICSA: An Analysis of Recommendation 6 of the Final Rep...

Ergonomics and Display Screen Equipment Use...

Ash Dieback...

Independent Inquiry into Child Sexual Abuse Final Repor...

The Ups and Downs of Trampoline Parks...

Vaping and the Workplace...

An Analysis of the Mandatory Reporting Requirement prop...

Motor Vehicle Insurance – Use by volunteers of th...

20’s Plenty...

Forest School...

Refuse Collections...

County Lines Drug Running...

Broker Bulletin No. 1 – Defibrillators...

Well Managed Highways Infrastructure Code of Practice...

Safe Systems of Work – Safe Use of Ladders and St...

Parkruns...

E-Scooters...

Competency of Structures Inspectors...

Ice on the Road...

Blue Light Trauma Awareness and Management...

Cycling Events...

Risk Information & Intelligence...

Risks in Outsourcing...

Broker Bulletin No. 17 – Looked After Children an...

Managing Grass Cutting: A Case Study...

Contract Works Cover and Cover for Existing Structures ...

Fraud...

Broker Bulletin No. 18 – Contract Works and Conti...

Highway Code Changes...

Highways Competency Framework...

Firework Risk Management Questionnaire...

Stress Management for Homeworkers...

Managing Inland Open Water (including Ice)...

Bonfires and Fireworks Displays...

Cyber Attacks...

Contractors Training & Discussion Workshop...

W-8BEN-E – FATCA AIG Europe Limited...

RMP Tenders – Information Required for Quotations...

Towing Legislation...

Social Engineering and Deepfakes...

Play – The Universal Language of Children...

Stress Risk Management for Emergency Services...

Fireworks – Planning a safe display...

Not My Responsibility...

E-Scooters on Higher Education Campuses...

Automated and Electric Vehicles...

Construction Design and Management (CDM) – The Es...

Electronic Signatures...

Display Screen Equipment...

Managing Drivers with Diabetes...

Employment Relations (Flexible Working) Act 2023...

Managing Risks associated with Grey Fleet Vehicles...

Drones and Model Aeroplanes...

Social Engineering...

Electrical Safety...

Children and Young People within a Higher Education Wor...

Safe Storage and Use of Vapes...

Home Food Preparation for Schools...

Misfuelling a Vehicle...

Inflatable Structures...

Virtual Tree Masterclass – Save The Date...

Managing Protests in Higher Education...

Students – Sports Injuries...

Managing Risks associated with Hand Arm Vibration Syndr...

Keyless Vehicle Entry Systems – Relay Theft...

Claims Handlers (Auditing)...

W-8BEN-E – FATCA MS Amlin AG...

Combating Bed Bugs...

Operator Licence Changes...

Broker Bulletin No. 3 – Insurance Act 2015...

W-8BEN-E – FATCA Ecclesiastical Insurance Office ...

Combating Bed Bugs – Higher Education...

Managing First Aid...

Stress Risk Management – Higher Education...

W-8IMY – FATCA Risk Management Partners Limited...

Homeworking...

W-8BEN-E – Underwriters at Lloyd’s London...

Waste Collection and Culture – Risk Management Gu...

Stress Risk Management...

Safe Storage and Use of Vapes – Higher Education...

The viability of care homes...

Managing First Aid – Higher Education...

Allergies & Risk of Anaphylaxis in Schools...

Children and young people within a Blue Light workplace...

Combined Liability – Decision Tree and Treatment ...

W-8BEN-E – FATCA Mitsui Sumitomo Insurance Compan...

Proper Footwear...

Broker Bulletin No. 2 – Local Pension Boards ...

W-8BEN-E – FATCA HSB Engineering Insurance Limite...

Refuse Collection Operations Risk Management – Safety C...

Preventing slips on snow and ice...

Broker Bulletin No. 5 – Employees Own Vehicles &#...

Broker Bulletin No. 13 – Regional Adoption Agenci...

W-8BEN-E – FATCA Starr International (Europe) Lim...

Tree Safety – Managing the Risks...

Dementia Awareness for Managers of Drivers...

Broker Bulletin No. 4 – Contract Works Cover ...

Storage of Hazardous Substances in Educational Establis...

Controlling the casualty risks associated with unmanned...

W-8BEN-E – FATCA QBE Insurance (Europe) Limited...

Children’s Trusts...

How an underwriter sets a premium...

Time for a Check Up...

Shared Services – where are we now...

Contract Works Insurance...

Social Media & Social Responsibility – Highe...

Broker Bulletin No. 8 – Police Risks – Dete...

Preventing & Controlling Unauthorised Access to Ro...

Broker Bulletin No. 11 – New PL & EL Policy ...

Broker Bulletin No. 7 – POLICE Risks – Memo...

Small events risk management...

Broker Bulletin No. 9 – Police Risks – Nati...

Authority Business – Using Your Own Vehicle...

How to complete your renewal questionnaire...

Social Media & Social Responsibility...

Legionella – Risk Controls...

Sign up to receive the latest from rmp

    You can opt out of marketing communications at any time by contacting us

    Sign up to receive the latest from RMP

    For information on how we use your personal data please refer to our UK Privacy Notice | EEA Privacy Notice.

      You can opt out of marketing communications at any time by contacting us

      RMP

      • Classes of insurance
      • Resources
      • Why RMP
      • Insights
      • Get in touch

      Sectors

      • Local government
      • Police
      • Fire services
      • Education institutions

      Legal

      • Complaints
      • Cookie policy
      • Global privacy policy
      • Lloyd’s Brexit Transfer
      • Modern Slavery Agreement
      • Terms and conditions

      Follow Us

      • LinkedIn
      • Twitter

      © Risk Management Partners Ltd All rights reserved. Authorised and regulated by the Financial Conduct Authority number 313119. Registered in England number 2989025. The Walbrook Building, 25 Walbrook, London, EC4N 8AW