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ARTICLE · 28 NOVEMBER 2018

Whiplash Claims After The Civil Liability Bill

This piece provides an overview of the upcoming reforms, and also an indication as to what issues will arise when the whiplash reforms are finally implemented.

United KingdomLitigation, Mediation & Arbitration

The Civil Liability Bill ("the Bill") has passed through the House of Lords and is expected to receive Royal Assent within the next 2 weeks.

Continued lobbying by claimant representatives is now likely to focus on reducing the proposed increases to small claims track limits. However, in the expectation that these changes will proceed, the focus will now divert to the likely impact of the reforms on claimants, claimant solicitors and insurers.

Claims numbers

With other pieces of legislation, we have seen a surge in claims prior to the legislation coming into effect and thus, a subsequent drop-off.  The Civil Liability Bill will be no different in the motor volume arena. Claimant solicitors will see profit margins for low value motor claims likely fall off a cliff once the full package of reforms take effect. Unscrupulous claimants and third party agents will see their damages for whiplash claims fall dramatically too.

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