EWJ 60 April 2025 web - Journal - Page 36
25/. Data, evidence and feedback was gathered on
actual settlements made from the insurance industry
and claimant lawyers. When set, the tariff amounts
also reflected projected inflation over the following
three-year period (i.e., 2021-2024) and the most
recent (at the time) edition of the Judicial College
Guidelines.
“whiplash only” and “whiplash plus minor psychological injuries” a suitable approach?
Question 3: How simple is the tariff to understand,
use and explain?
26/. The views of the then-Lord Chief Justice were
sought before the figures were finalised, in line with
the requirements of the CLA.
Question 4: If you have experience engaging with
unrepresented claimants, whether advising, providing support, or responding to claims, what is their
experience of using the tariff?
Please give reasons to support your view and suggest
an alternative if appropriate.
27/. The following questions are intended to gather
evidence from respondents about the tariff to inform
the review. They focus on the different parts of the tariff structure, including the amounts, how these are
split by duration of injury, and the distinction between
whiplash only and whiplash plus minor psychological
injury.
Question 5: Do you have any other views on the
structure or component parts of the tariff which are
relevant to this review?
Answer these questions online at;
https://consult.justice.gov.uk/digital-communications/statutory-review-of-the-whiplash-tariff-cfe/
Changes since the introduction of the tariff
29/. This section seeks to understand what has
changed in the personal injury claims sector since the
whiplash tariff was introduced that might be relevant
to this review. Whilst the review will draw on claims
data held centrally by OIC and HMCTS, we are
also particularly interested in receiving information
from respondents in relation to their individual
experiences, supported by data wherever possible.
28/. This includes evidence on how simple the tariff is
to navigate, both for professional users and claimants
without representation. It is important that the tariff is
easy to understand for all those who need to refer to
it to value a claim or respond to an offer.
Question 1: To what extent do the injury duration
ranges in Table 1 reflect the typical duration of
whiplash injuries?
Question 6: Since the introduction of the whiplash
tariff, what changes have there been in regard to the
following factors that would be relevant to this review?
Please provide reasons and data, where possible, to
support your view.
Question 2: In your view, is splitting the tariff into
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EXPERT WITNESS JOURNAL
34
APRIL 2025
