At a recent Justice Select Committee meeting, Justice Secretary David Lidington confirmed the Governments plans to bring in new, higher small claims limits for personal injury claims in England and Wales. The intention is to raise the small claims limit for RTA claims (such as accidents on our roads, either as a driver, rider, passenger or pedestrian) to £5,000, and raise it up to £2,000 for other injury claim types (such as accidents at work or slips/trips in shops).

The small claims limit increase is important because solicitors and law firms cannot recover their costs when representing their clients and claimants, even when their case settles successfully and compensation is awarded.  In particular with regard to RTA claims, the likely effect of an increase to £5,000 would be force individuals who have been injured through no fault of their own to represent themselves in the small claims court, as solicitors may be unable to run such claims if they cannot recover their fees through the court process. 

The Governments view is that the separate, far higher limit for RTA claims was to reflect the higher volumes of whiplash claims made in the UK compared to other comparable European countries.  They also take the view that such whiplash claims are for ‘relatively small’ amounts (which may be true if you are on an MP’s salary plus expenses…) and can be ‘easily processed’ in a way similar to normal accident claims involving mechanical and bodywork repairs to vehicles.

There is no indication at this stage as to when the increases will be introduced, or how any new process for making such ‘easy’ claims – which of course they are often anything but – will be introduced.

Need advice on making a claim? The friendly team here at The Accident Claimline will be happy to give you easy to understand and free assistance. To find out more, please contact us here or call 0800 977 4852