MASS welcomes review for road accident victims

The Motor Accident Solicitors Society (MASS) has expressed its support for the Ministry of Justice’s post-implementation review of the whiplash reform programme, which includes the Civil Liability Act 2018. MASS is keen to seize the opportunity to provide comprehensive data and evidence on the claims process, assessing whether it effectively delivers the access to justice that accident victims deserve.

MASS Chair Sue Brown emphasised the need for a streamlined claims process, stating “A smooth, efficient and quick claims process benefits everyone. Earlier settlements help claimants recover faster, while compensators gain from greater certainty and reduced costs. There are a range of possible measures that could speed up the process, and both sides would benefit from better and more consistent data to inform stakeholders and give a truer picture of the claims market.”

However, Brown also noted the significant shortcomings of the current system, arguing that “the current process is deeply flawed. Access to justice has been eroded, and there is considerable inequality of arms in favour of defendants. Many claimants struggle to navigate complex systems without adequate representation.” She continued, suggesting that a variety of measures could help restore fairness for injured motor accident victims and rebalance the scales of justice.

In her comments, Brown pointed out that “most of the policy objectives set out by Ministers in the last government have not been met.” She referred to Labour's opposition to parts of the Civil Liability Act, expressing hope that the injustices highlighted during that time will encourage the current government to make improvements in how claims are handled.

MASS is committed to participating fully in the review process over the coming months, aiming to contribute to a more effective and just system for those injured through no fault of their own.

Minister for Courts Sarah Sackman acknowledged the emotional toll of car accidents, saying “Being involved in a car accident can be traumatic - the shock, pain, and disruption to a person’s life can be overwhelming.” She added, “The reforms reduce the cost of making a claim, while ensuring those who are genuinely injured receive proportionate compensation. They’re designed to safeguard access to justice and help people get the support they need to rebuild their lives.” Sackman reminded stakeholders that they are currently reviewing these reforms and encouraged input through their Call for Evidence to ensure the changes benefit those who need support.