The CLA reforms were finally introduced in May 2021, we have listed below a number of helpful Q&A to assist your understanding and navigation through this complex subject:
When are the reforms effective from?
The whiplash reforms commenced on 31 May 2021.
What happens to existing injury claims made prior to 31 May 2021, will the new limits apply?
These measures only apply to claims resulting from accidents which occur on or after 31 May 2021. So even if a claim is made after 31 May, if it relates to an accident before that date the previous rules will apply
How frequently will the tariff be revised and also take into account inflation?
The Act requires the MoJ to review the tariff within 3 years and then within every 3 years after that.
If a Claimant has a standard whiplash injury (neck back and shoulder) but has a separate injury to the knee how is this dealt with? Can it be managed in the new Portal. Are Claimant’s able to use the old system and will old Portal costs apply?
The protocol and OIC service is designed for this situation (where there is a whiplash injury and another injury, or even another injury on its own), unless the overall value of the injury element is worth more than £5000, in which case the existing portal may well be the right place to start a claim subject to the scope of the current RTA protocol.
Is the Government going ahead with its plans to increase the small claims Track Limit for employers and public liability claims to £2,000?
The government has decided to defer the implementation of this measure until April 2022 and to amend the proposed increase to £1,500.