Official Injury Claim: A Practitioner's Guide

Official Injury Claim: A Practitioner's Guide

In response to the latest whiplash reforms, we have produced an extensive guide to the new rules and legislative framework that underpin the reforms.

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.

Contents

  1. Background
  2. The legislation
  3. Timescales
  4. The rules: an overview
  5. Beginning the process
  6. Compensator response
  7. Obtaining medical evidence
  8. Issuing proceedings
  9. Liability dispute only - liability denied in full
  10. Assessing the value of a claim
  11. Application for interim payments
  12. Non-payment of agreed interim payment
  13. Starting proceedings due to limitation
  14. Dispute over fees for medical reports or other disbursements
  15. Non-payment of the agreed settlement sum
  16. Other injuries
  17. Rehabilitation
  18. Credit Hire
  19. Exits for claimants
  20. Fraud and fundamental dishonesty
  21. Costs
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Official Injury Claim: A Practitioner's Guide

To request a copy, please contact your Kennedys client relationship partner or email us.

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Contributors

Other contributors: Jaysen Palanee (Jaysen.Palanee@kennedyslaw.com), Litigation Manager, Chelmsford office and James Barnett (James.Barnett@kennedyslaw.com), Litigation Assistant, Chelmsford office.

Focus area

Whiplash reforms

Keep up to date with all our latest insights through our whiplash reforms focus area.

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