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Ministry of Justice launch consultation on revisions to the medical reporting process for road traffic accident claims

This article focusses on what the consultation is specifically seeking views on and who the Ministry of Justice hopes will respond before October

The Ministry of Justice (“MoJ”) has launched a Consultation on 18 July 2023 focusing on medical reporting in road traffic accident claims with a value up to £5,000 (“the Consultation”).

Specifically, the Consultation is seeking views on:

  • revised MRO qualifying criteria and DME rules;
  • the MedCo ‘offer’ for both represented and unrepresented claimants;
  • use of administration agencies by DMEs and how this can be effectively overseen;
  • the level of the fixed cost medical report regime; and
  • changes to improve the quality of medical reports and how medical reports for represented claimants are sourced.

The industry has seen continued reform and evolution since 2014. Following the whiplash reforms introduced in 2021, coupled with the Covid pandemic, the number of road traffic accident claims have reduced according to the MoJ.

Lord Bellamy KC, Parliamentary Under Secretary of State for Justice said “The industry continues to provide services to both represented and unrepresented claimants seeking good quality medical reports in support of their claims through the Official Injury Claim (OIC) service. However, the Government understands that there have been increasing financial pressures on the sector over the last two years following the implementation of the whiplash reforms and the more recent wider economic conditions. Therefore, we have decided that it is an appropriate time to consult on a number of medico-legal reporting issues related to the MedCo process, fixed cost medical reports and the implementation of the OIC service”.

The Consultation is not only inviting responses from key consultees included in Annex A, but all those interested stakeholders are encouraged to respond to the Consultation before its closing on 10 October 2023. The response to the Consultation is expected in January 2024.

Should you wish to discuss this and other reforms within the motor claims industry then please do not hesitate to get in touch with our expert defendant motor insurance solicitors or Principal Associate, Glyn Thompson.

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