Association of Personal Injury Lawyers
A not-for-profit organisation representing injured people

Injured people must not be forced to pay up front for medical reports

20 May 2019
APIL news

Medical reports for low-value road traffic claims should be free to all injured people regardless of whether liability is admitted, APIL has stated.

The association’s response to the Ministry of Justice consultation on how injured litigants in person will obtain medical reports following the Civil Liability Act highlights an unfair financial barrier to justice.

“The MoJ’s plans are for the wrongdoer to pay the upfront cost of the medical report but only when liability is admitted or partially admitted,” explained APIL’s immediate past president Brett Dixon.

“All an insurer will need to do is to deny liability and the claimant will most likely go away,” he said.

“An injured person would have to put up £180 for the medical report to take the claim any further. Many people do not have the means to pay £180 up front. Also, they may not feel confident against experienced, bankrolled, defendant lawyers on their own, and worry about the risk of not getting the money back,” Mr Dixon explained.

“Many will be deterred from pursuing genuine claims. In the case of those with whiplash injuries lasting three months, it will feel like a big outlay for £225 in pain and suffering compensation under the tariffs. The uncertainty would be too daunting,” said Mr Dixon.

Chair of the House of Commons Justice Committee, Bob Neill MP, has sought clarification from the MoJ on how the new system would deal with the payment of reports in cases where liability is denied. The committee is particularly concerned about injured people of limited means.

“Financial barriers must never be put up to stop injured people from seeking the redress they deserve,” Mr Dixon added.


Notes to editors:

Past press releases

Injured motorists deserve better than new whiplash system, lawyers warn, 28 Feb 2020
Lawyers call for law to change in child sex abuse cases, 26 Nov 2019
MoD plans treat veterans as a burden, 10 Oct 2019
Court fee hike risks pricing people out of justice, lawyers warn, 05 Sep 2019
Cut crashes in London by sharing safe driving tips, 21 Aug 2019
MPs and peers take up the call for bereavement damages reform, 16 Jul 2019
Further unfairness for injured people under extended fixed costs, 06 Jun 2019
Brighton solicitor defends justice in leading role, 22 May 2019

More past press releases

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