Fighting for fair compensation for victims of road traffic accidents: What to do post-Official Injury Claims portal (OIC) and how we help with free advice.

On 31^st May 2021 the government introduced the ‘Official Injury Claims’ portal (OIC) for whiplash road traffic accident injuries.

The main reason motor insurers wanted the OIC introduced was to ‘reduce the number of fraudulent whiplash claims’ and, in turn, motor insurers promised that premiums would be lowered and savings would be passed on to motor vehicle insurance customers.

The OIC, however, is a system that has severely restricted injured drivers and passengers access to legal representation (if at all) and instead, to some extent, seeks to pit an injured person with no legal experience against motor insurers with unlimited resources in a ‘David v Goliath’ scenario.

Things aren’t adding up…

Recent data from the Office of National Statistics, confirmed that whilst the total cost of RTA injury claim settlements had gone down by 11%, the price of motor vehicle insurance had risen by 28%.

Indeed, in that same period, motor injury claims fell by 20% despite there being an 11% increase in road casualties over the same period.

Source: Association of Personal Injury Lawyers / National Office of Statistics

This seemingly means that there are a substantial number of people injured in road traffic accidents who have been put off making a claim through the Official Injury Claims Portal process, despite suffering genuine injuries and financial losses due to someone else’s negligence.

Victims of road traffic accidents are getting lost in a system that is highly beneficial to the motor insurers.

 We often get contacted by RTA victims who have attempted to make claims for injuries through the OIC but who have had their claims denied, undercompensated or outright rejected at the beginning by the motor insurer representatives.

The motor insurers seem to have the ‘upper hand’ where litigants in person are trying to make a claim without representation. This is because the OIC does not allow claimant lawyers to recover their costs, and they must rely solely on a small percentage deduction from the claimant compensation to pay for all costs incurred in running the claim.

Mainly, only large factory firms and case management companies run RTA claims in bulk for driver and passenger Road Traffic Accident injury claims.

Our advice? Get free advice from a department of qualified personal injury lawyers and solicitors.

 If you have been involved in a road traffic accident as a driver or passenger, speak to us first before engaging in the Official Injury Claims portal.

It is important to seek initial advice as to whether your injuries and losses exclude you entirely from the Official Injury Claims Portal process.  

If you have:-

1. An injury likely worth more than £5000.00 in compensation; and
2. Associated financial losses of more than £5,000.00

It is extremely likely your claim will not  be suitable for the OIC and you will be able to access quality legal representation to make a claim.

You are also exempt from the Official Injury Claims portal if you were:-

• A cyclist hit by a vehicle, had a car door opened out into you, etc;
• a pedestrian struck by a vehicle;on a horse;
• riding a rental e-scooter legally and you were struck by a vehicle;
• under the age of 18 (regardless of whether they were in a car or not);
• a driver or passenger in a car hit by an uninsured or unidentified driver; or
• If the person injured lacks the mental capacity to provide instruction for a claim and has a litigation friend under a Lasting Power of Attorney.

What you can do to help make the claims process smoother

1.  Inform your doctor that you were involved in an accident and provide details of where you were injured and whether you have had to/need to take time off work.
2. Don’t shy away from the psychological effects of an accident. No matter what the velocity or how it happened, accidents are a shock and they can be very frightening. If you find you cannot bear to be in a car after an accident, make sure you report your feelings or write them in a journal if you are not comfortable talking to a medical professional.
3. Keep a record of any expenses, receipts, help and assistance you have received after your accident.
4. It may be that you have had to pay an insurance excess, have a spouse drive you to hospital or look after the household whilst you are in recovery. Keeping detailed record of all of the above is extremely helpful when it comes to making a claim.
5. Get in touch with legally qualified personal injury lawyers who care, who can have a look at whether you are or are not likely to be in the Official Injury Claims Process. Avoid large factory firms where you may end up talking to someone who is underqualified and inexperienced.

Fighting for fair compensation for victims of road traffic accidents

Our injury department solicitors and lawyers are all qualified and experienced in a range of personal injury law matters and our team prides themselves on giving friendly, straightforward advice and providing a safe pair of hands for your claim so that you can focus on what really matters; getting better.

If you have been injured in a road traffic accident involving any type of vehicle, contact us via email, telephone or via our website for free initial advice.

Alternatively you are welcome to come along to our free legal advice surgery at our Midsomer Norton Office every Thursday between 5pm and 6pm.

No need to book, just turn up.