Future Provision of Medical Reports in Road Traffic Accident related personal injury claims

Closed 17 May 2019

Opened 18 Apr 2019

Contact

020 3334 3157

whiplashcondoc@justice.gov.uk

Results updated 5 Sep 2019

Following analysis of the consultation responses, the government has now agreed the way forward in respect of how unrepresented claimants can obtain medical evidence following the implementation of Part 1 of the Civil Liability Act 2018 and other related reforms. In summary, the government has decided that:

  • The current MedCo system for the provision of soft-tissue injury claims will be extended to cover initial medical reports for all RTA related personal injury claims under £5,000
  • The provision of initial medical reports for non-soft tissue personal injury claims will be limited to General Practitioners and Accident and Emergency consultants only
  • The fixed recoverable costs regime for soft-tissue injury medical reports will be extended to apply to all initial RTA related non-soft tissue injury medical reports for claims under £5,000
  • New customer care qualifying criteria, standard service level agreements and accessible information for claimants will be developed for medical reporting organisations and medical experts.

Files:

Overview

The government is conducting a short, focused consultation to seek views on a revised medical reporting process for unrepresented claimants.  As part of its whiplash reform programme, the government is making changes via the Civil Procedure Rules to increase the small claims track limit for road traffic accident (RTA) related personal injury claims to £5,000. 

To support this change, a new IT Platform is being designed to enable unrepresented litigants to progress their own claim irrespective of whether they have legal representation. Decisions are required on a number of issues relating to how unrepresented claimants will in future obtain a medical report. In summary, we are seeking views on:

  • Expanding MedCo’s remit to cover initial medical reports for all RTA related personal injury claims under £5,000
  • Whether to widen the type of medical expert who can be registered on the MedCo system
  • Whether to extend the existing fixed cost medical report regime for medical reports
  • The procedure for unrepresented claimants to obtain medical evidence.

We are interested in hearing from expert stakeholders from the medical reporting sector as well as from claimant lawyers, defendant lawyers, compensators and any other interested parties.

Audiences

  • Legal professionals

Interests

  • Law