PART 1

Whiplash

Settlement of whiplash claims

Rules against settlement before medical report
6
1
A regulated person is in breach of this section if—
a
the regulated person knows or has reason to suspect that a whiplash claim is being made,
b
the regulated person does, or arranges or advises the doing of, an act mentioned in subsection (2), without first seeing appropriate evidence of the whiplash injury or injuries, and
c
the regulated person is acting as such when the regulated person does, or arranges or advises the doing of, that act.
2
The acts referred to in subsection (1) are—
a
inviting a person to offer a payment in settlement of the claim;
b
offering a payment in settlement of the claim;
c
making a payment in settlement of the claim;
d
accepting a payment in settlement of the claim.
3
The Lord Chancellor may by regulations make provision about what constitutes appropriate evidence of an injury for the purposes of this section.
4
The regulations may in particular—
a
specify the form of any evidence of an injury;
b
specify the descriptions of persons who may provide evidence of an injury;
c
require persons to be accredited for the purpose of providing evidence of an injury;
d
make provision about accrediting persons, including provision for a person to be accredited by a body specified in the regulations.
5
A statutory instrument containing regulations under this section is subject to affirmative resolution procedure.
6
In this section “whiplash claim” means a claim that consists only of, or so much of a claim as consists of, a claim for damages for pain, suffering and loss of amenity caused by—
a
one or more whiplash injuries suffered by a person on a particular occasion because of driver negligence and in relation to which section 3 applies, or
b
a whiplash injury or injuries within paragraph (a) suffered by a person on a particular occasion and one or more minor psychological injuries suffered by the person on the same occasion as the whiplash injury or injuries.
S. 6 in force at 25.2.2021 for specified purposes by S.I. 2021/195, reg. 2(c)
S. 6 in force at 31.5.2021 in so far as not already in force by S.I. 2021/195, reg. 3 (with reg. 4)