Small claims limit exemption for ‘vulnerable’ road users?

The Civil Liability Bill goes into its second reading in the House of Commons tomorrow. The bill will introduce a fixed tariff for whiplash damages at vastly reduced rates. The measures would increase the small claims limit to £5,000 for road traffic accident claims which would mean that those lawyers representing these claimants cannot recover costs from the defendant party. 

 

The Ministry of Justice has however hinted that it may make vulnerable road users such as horse riders, cyclists, pedestrians, and motorcyclists exempt from the limited claims. 

 

A spokesman from the MoJ said the government is 'carefully considering the arguments on excluding vulnerable road users from the increase to the small claims limit in road traffic cases' and will clarify its position 'in due course'.

 

The CEO of Manchester firm Fletchers Solicitors, Ed Fletcher, is a member of the Vulnerable Road User Action Group, which has been campaigning for vulnerable road users to be removed from the whiplash reforms.

 

Fletcher said: 'The unintended consequence of the legislation would massively impact on vulnerable road users and potentially impact on hundreds of jobs within firms who specialise in helping these types of road user following a collision.'

 

Duncan Dollimore, Cycling UK's head of campaigns and a fellow member of the action group, said the smalls claims limit increase would prevent 70% of vulnerable road users recovering their legal costs when claiming compensation for injuries caused by someone else's negligence.

 

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