Guidance

Official Injury Claim (OIC) Advisory Group meeting: 16 April 2024, 1pm to 2:30pm

Updated 9 July 2024

Applies to England and Wales

Summary minutes and actions: 16 April 2024, 1pm to 2:30pm

Attendees

• Ministry of Justice (Chair and secretariat) (MoJ)
• Motor Insurers’ Bureau (OIC service operators) (MIB)
• Civil Procedure Rule Committee (CPRC)
• Association of Personal Injury Lawyers (APIL) 
• Motor Accident Solicitors Society (MASS)        
• Forum of Insurance Lawyers (FOIL)                
• Association of British Insurers (ABI)                
• MedCo

Apologies

• HM Courts and Tribunal Service (HMCTS)

Item 1: Introduction

1. The Chair welcomed attendees and outlined the agenda for the meeting.

2. The Chair also updated on the actions from the previous meeting:

a. Reasons for exit is an agenda item for this meeting;

b. MoJ and MIB are still to consider, with discussion with OICAG members, the suggestion of whether claims “pending withdrawal” could be archived.

c. MoJ have now confirmed next steps relating to the four outstanding policy proposals, on which further information was sought from stakeholders. A summary of the MoJ’s response was annexed to the minutes of the last meeting which were published on GOV.UK and circulated to stakeholders.

d. Members were reminded to share any additional resources which they think unrepresented claimants should be signposted to; and

e. MoJ is currently in the process of confirming the position regarding issuing claims at specific courts with ABI and will share further information in due course.

3. MoJ provided an update on the whiplash tariff review. The Call for Evidence closed on 2 April and officials are currently analysing the responses.

Item 2: OIC data and performance update

MIB provided an overview of the latest quarterly operational data, which was published on the OIC website on 10 April 2024.

A helpful discussion was held in relation to monthly reported volumes and the proportion of OIC and Claims Portal Ltd (CPL) claims. This has remained largely consistent since OIC was launched. MIB will monitor claims moving to CPL following the recent Judicial College Guidelines increases.

There was a discussion around exit trends for represented claimants. There have been more exits in February and March due to some of the larger firms tidying up their portfolios. The work around how to deal with dormant claims continues.

Updates will be made to the system relating to the primary limitation period for claims in OIC, which is approaching for the oldest claims in the system. This includes a “cut off” of 3 years and 3 months post cause of action (the accident), at which point an inactive claim will be the archived. Within their slides, MIB set out the changes that will need to be made to facilitate this and any further work required. Any changes which users will need to make to their own IT systems will be communicated and tested in the usual way.

Item 3: Supreme Court decision – reaction and implications

The Supreme Court judgment in Hassam v Rabot was handed down on 26 March 2024. A discussion was held on what this might mean for the OIC service in respect of claim characteristics and user behaviours.  

Members reported that they have seen offers being withdrawn in bulk following the judgment and the publication of the Judicial College Guidelines 17th Edition. Concern was raised that more claims may be valued at more than £5,000 meaning that they will have to move into CPL. MoJ confirmed that they will continue to monitor the data and work with MIB.

The quality and content of medical reports was discussed including how improvements could assist with using the Sadler “stepping back” approach to valuing PSLA for mixed injuries which was endorsed by the Supreme Court. MoJ confirmed that they are happy to facilitate further discussions on this.

Item 4: Reasons for exit – identifying the issue and solutions  

MoJ introduced the item which follows on from a previous meeting action. This was originally raised because it had been identified that the list of reasons for exit is not always used consistently.

A discussion was held to understand the issue further and the potential impact on claims progress and the user experience. Potential solutions were also discussed, including whether guidance could assist.

Members recalled that the reason for not having guidance originally was the need for simplicity and that users must complete a mandatory free text box if they tick the ‘other’ category, to explain the reason. It was raised that the Rules would have to be redrafted if there were to be any changes to the list of reasons for exit.

Members agreed that it would be helpful to see some data on the free text answers given for the ‘other’ option in order to assess the issue further and to get a sense of the scale.

ACTION POINT 1: MIB to provide one month’s data for the ‘other’ reasons for exit answers.

Item 5: NPVC – wording on valuation and issuing    

MoJ introduced the item. Users have raised an issue with some OIC wording on non-protocol vehicle costs (NPVC) and claim value. Practitioners had originally raised this with the CPRC member.

 Members provided their views on whether this wording might need to be amended but noted that a decision would not be made at this stage. It was agreed that MoJ would have a follow up conversation with the CPRC member, to discuss the OICAG’s views further. If it is felt that a change is required, this may warrant consideration by the CPRC RTA sub-committee.

ACTION POINT 2: MoJ to have follow up call with the CPRC member.

Item 6: Member feedback

APIL raised that any guidance on OIC regarding mixed injuries would need to reflect the reality of the Rules.

FOIL raised that as the three-year limitation period is approaching, they are interested to see what will happen in the next quarter from a behaviours and volumes perspective.

MedCo reported back that the recent roundtables held with the medical evidence sector which went well. There are several areas they will be looking at as a result, including the quality of reports.  

Item 7: Next steps and AOB

The MoJ summarised the actions arising and next steps, and confirmed that:

a. the minutes will be circulated to members for approval before publication on GOV.UK; and

b. the next meeting is scheduled for Wednesday 17 July 2024.

Members were encouraged to send any suggested topics for the next meeting.