After years of anticipation, the whiplash reforms finally came into play on 31 May 2021. In response to this seismic change our motor experts have put together a guide to provide a comprehensive resource and reference point for our clients.
Launched in June 2021, the first edition of Official Injury Claim: A Practitioner's Guide follows changes in the market that will no doubt be challenging and exciting in equal measure. There continue to be many unanswered questions around the interpretation and application of the new rules and legislative framework that underpin the reforms. Best practice and tactics will evolve very quickly as the claimant market and compensators alike adapt to these unchartered waters.
The speed at which we expect the practice area to develop means we are already planning our second edition. The intention of the early editions of this guide is to provide a useful resource and reference point, as tactics develop and the law clarifies in many areas we will, of course, continue to update the text.
- Background
- The legislation
- Timescales
- The rules: an overview
- Beginning the process
- Compensator response
- Obtaining medical evidence
- Issuing proceedings
- Liability dispute only - liability denied in full
- Assessing the value of a claim
- Application for interim payments
- Non-payment of agreed interim payment
- Starting proceedings due to limitation
- Dispute over fees for medical reports or other disbursements
- Non-payment of the agreed settlement sum
- Other injuries
- Rehabilitation
- Credit Hire
- Exits for claimants
- Fraud and fundamental dishonesty
- Costs
Official Injury Claim: A Practitioner's Guide
Contributors
Other contributors: Jaysen Palanee (Jaysen.Palanee@kennedyslaw.com), Litigation Manager, Chelmsford office and James Barnett (James.Barnett@kennedyslaw.com), Litigation Assistant, Chelmsford office.
Motor injury claims
The motor liability market is facing disruption and uncertainty like never before. Our content hub brings together insights and guidance through articles, reports, events and webinars recordings.