TARIFF FOR MORE SERIOUS RTA SOFT TISSUE INJURIES
I deal with this subject in detail in my forthcoming book – Personal Injury Small Claims, Portals and Fixed Costs available from Amazon here.
This is the third of my pieces analysing the proposals in the Ministry of Justice consultation paper – Reforming the Soft Tissue Injury (Whiplash) Claims Process which can be accessed and responded to here.
The consultation ends on 6 January 2017 at 5.30pm.
Part 3 – Introduction of a Fixed Tariff System for other RTA Related Soft Tissue Injury Claims – is at pages 20 to 23 of the report.
The proposal is for a fixed – not capped – sum for each of six bands, the lowest being the 0 – 6 months band discussed in detail in my post – SOFT TISSUE INJURIES: CONSULTATION IN DETAIL and the highest being for 19 – 24 months duration whiplash injuries.
In each case the extra element for psychological injury is trivial, ranging from £25.00 in the lowest band to £100.00 in the highest band.
The proposals are:-
|New Tariff Amounts|
|New tariff amount||Psych damages awarded||Tariff with psych|
Thus psychological injuries are valued at 13.7 pence per day.
To give some idea of how these tariffs compare with the current guidelines I set out below the tariff proposals, together with the current Judicial College Guidelines (12th Edition).
|Injury Duration||Judicial college guidelines amounts
|New Tariff amounts|
|0–6 months||£200 to £3,520||£400|
|7–9 months||£1,705 to £3,520||£700|
|10–12 months||£1,705 to £3,520||£1,100|
|13–15 months||£1,705 to £6,380||£1,700|
|16–18 months||£1,705 to £6,380||£2,500|
|19–24 months||£1,705 to £6,380||£3,500|
The Government is also consulting on whether, in exceptional cases – undefined – the court should have power to increase these figures by up to 20% for injuries lasting more than six months.
All of these proposed changes require an Act of Parliament and will be in the same legislation restricting or scrapping general damages for RTA related soft tissue injuries lasting six months or less.
The proposal to ban pre-medical offers will also be in that Bill.
Under these proposals the maximum award for general damages would be £3,600.00. If a 20% exceptional circumstances addition is allowed the maximum goes up to £4,320.00, that is a small claim under the proposed reforms.
For the matter not to be a small claim, special damages would need to take the total claim over £10,000.00 – the general civil small claims limit.
Thus for RTA related soft tissue injuries of up to 24 months the small claim limit will, in reality, be £10,000.00.
The questions in relation to this section are:-
“Question 11: The tariff figures have been developed to meet the government’s objectives. Do you agree with the figures provided?
Please explain your reasons why along with any suggested figures and detail on how they were reached.
Question 12: Should the circumstances where a discretionary uplift can be applied be contained within legislation or should the Judiciary be able to apply a discretionary uplift of up to 20% to the fixed compensation payments in exceptional circumstances?
Please explain your reasons why, along with what circumstances you might consider to be exceptional.”
A reminder that the consultation ends on 6 January 2017 at 5.30pm. The link to the paper is above.
Please see my related blogs:-