Commenting on the latest OIC data for the period July - Sept 2022, Matthew Maxwell Scott, executive director of ACSO, said:
"Claims going through the OIC portal have stayed flat at just over 23,000 a month, while fewer than one in ten claims are unrepresented, which is also now part of an established pattern.
"Overall, more than 180,000 claims that should have been expected based on the government's own projections before the OIC launched have not materialised. That equates to a 33 per cent fall in overall expected claims numbers. The MoJ argues that this is down to the effects of Covid and a reduction in the size of the vehicle parc, but this cannot possibly explain the whole picture.
"Our view is that firms that previously sought out cases through marketing have reduced their spend, while others are turning down cases because, as a result of the whiplash reforms, it is not economically viable for them to support injured claimants seeking compensation. The net effect is that huge numbers of consumers injured in an accident that was not their fault have no access to justice. They receive no compensation for their injuries, or for pain, suffering and loss of amenity, or medical treatment and rehabilitation for soft-tissue injuries sustained.
"The OIC data supports our contention that the government has derailed access to justice for hundreds of thousands of citizens, chiefly benefitting insurers who now don't need to pay out for these disappeared claims."
Turning to the issue of hybrid injuries, Maxwell Scott added: "Two in three cases presenting to the OIC are hybrid, or mixed injury cases. While a handful of cases have now been heard in court to establish precedent, the process is still painfully slow, in yet more evidence that chronic delays in the civil justice system are impacting consumers seeking justice."