The following PI & Clinical Negligence practice note produced in partnership with Sue Brown provides comprehensive and up to date legal information covering:
STOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims track limit for personal injury claims arising from an RTA is increased to £5000 in respect of general damages for pain, suffering and loss of amenity for whiplash injuries (subject to certain exceptions). For further details, see: The RTA small claims protocol—key features checklist.
Medco was launched on 6 April 2015. Its origins lay in an announcement by the Ministry of Justice (MoJ) of its intention to make changes to medico-legal reporting in whiplash claims. Following discussions between stakeholder organisations representing claimants, insurers and medico-legal reporting organisations (MROs) and the MoJ, Medco was set up, and changes made to the Civil Procedure Rules (CPR) (primarily to the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol)) required that a Medco report be obtained in all soft tissue injury RTA claims.
This was against a background where it was believed by the MoJ that poor quality medical reporting and unhealthy financial links between MROs and Claims Management Companies and law firms were contributing to an increase in the number and cost of whiplash injury claims and consequently increasing motor insurance premiums.
The Medco board is made up of an independent chair and one representative appointed by
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