The Official Injury Claims Portal.

Back in May 2021, the law relating to low-value road traffic injury claims changed. The Official Injury Claims Portal (OICP) was introduced to enable claimants with minimal, short-term injuries such as whiplash and travel anxiety to bring a civil claim themselves without legal costs. But, what happens when those ‘minor’ injuries become persistent, ongoing issues?

When we are able to walk away from road traffic accidents with whiplash and travel anxiety, we are often grateful not to have suffered graver injuries. However, over time even minor injuries can develop into chronic unresolved issues:

• Ongoing neck, shoulder or back pain or stiffness
• Nerve issues such as pain, tingling, pins and needles in arms or legs
• Persistent headaches
• Hypervigilance, palpitations, anxious thoughts when on the road
• Avoidance of accident location or vehicle travel
• Flashbacks or nightmares

These can have a significant, ongoing impact on daily quality of life, and cause frustration to sufferers who have been told their injuries should have resolved.

Where an OICP claimant’s symptoms have persisted for over two years, or where it becomes apparent through a medical report that the injuries may be more severe than first thought, the value of the claim may increase beyond the limits of the OICP. At this point, you may be advised by your opponent, or feel it appropriate yourself, to instruct a solicitor to deal with your claim. This is not simply because the value of your claim is higher, but because your injuries might require more specialised advocacy in order to secure appropriate treatment and compensation.

Whilst you can choose to continue via the OICP, the award tariff will limit what a defendant insurer can offer you in compensation. While the claim remains in the OICP, it is unlikely that your opponent will make any offer for your pain and suffering award higher than the tariff maximum, even if your injuries should attract a higher award. Vitally, it is important to note that when a claim settles, it does so on a once and for all basis, meaning it is imperative to secure fair compensation. So, it may be reasonable to approach solicitors for assistance instead.

Solicitors will likely ask for copies of any medical reports, information about therapy or medical investigations undertaken, and details of offers made. They can then confirm if your claim is suitable to exit the Portal and receive legal assistance.

If you’ve sustained minor injuries such as whiplash, minor cuts and grazes, or travel anxiety as a result of a road traffic accident, visit https://www.officialinjuryclaim.org.uk/ to see if you are eligible to commence a claim via the OICP.

It is important to note that the rules of limitation still apply in these types of claims. Starting your claim in the OICP does not constitute issuing your claim with the court. Usually, a potential claimant in a personal injury claim has three years from when they were first aware that they had suffered an injury, or three years from when they first experienced symptoms (whichever is earlier) to settle their claim or else commence court proceedings by the issue of a claim form. If you intend to pursue a claim via solicitors then it is recommended you approach them in advance of this date to allow sufficient preparation time.

The Personal Injury Team at Lanyon Bowdler have significant experience handling road traffic accident claims, including transfers from the OICP. If you believe your claim may exceed the OICP limit, or you’ve experienced symptoms in excess of two years, please reach out to us by emailing info@lblaw.co.uk to discuss.