Whiplash Reforms - Changes and Training for Experts
Published: 13 April 2021
Coming soon - all users
You will be aware that on the 26 February the MoJ published the documentation to support the Whiplash Reforms. Since then we have focused on opening the opt-In process for DMEs and MROs to register for unrepresented work.
We are now writing to notify you of more changes you need to be aware of in the lead up to go live on 31 May 2021
Medical Experts and Medical Reporting Organisations
Training
All medical experts, will be required to complete a new mandatory training module dedicated to the reforms package. Experts that have chosen to Opt-In will be required to have completed the course before they are set to operational for unrepresented claimants.
Please note: GP and A&E experts will be expected to provide services for both whiplash and non-whiplash claims. In addition, MROs will be expected to allocate claims to appropriate experts in line with the rules.
The training covers all aspects of the reforms, including details of the Whiplash Injury Regulations – February 2021, The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA SC PAP); The Small Claim Notification Form (SCNF). The training module also covers details of the new tariff applied to injuries involving whiplash and the medical expert’s role.
The course is currently being written and is expected to be available before the end of April 2021.
This is a mandatory module that must completed even if you have met your MedCo annual CPD requirement of 6 hours for the year ending 31 May 2021.
The course will be completed on-line and will be available through your Medco account in the same way as your MedCo Continuous Professional Development (CPD) is accessed.
Case Data Upload
To support the expansion of MedCo into non-soft tissue injury claims, there will be new injury types available to select when uploading case data. A new how to guide, updated CSV template file and data validation document will be published shortly. There are no changes to the method for uploading case data.
Use of Admin Agencies
MedCo is aware that some medical experts use the services of Administrative Agencies. MedCo does not in principle object to this, and previously issued Guidance on the use of Administrative Agencies. If you haven’t already, MedCo recommends that experts using such services review this document carefully to ensure that they are not breaching their MedCo User Agreement. You can review this document here.
Please note that whilst MedCo has previously visited some Administrative Agencies, this was to carry out fact-finding exercises to understand how they operate. MedCo has not audited or approved any agency.
Authorised Users (AUTs)
Authorised users such as solicitors are required to continue to use MedCo to search for Direct Medical Experts or Medical Reporting Organisations for all RTA PI claims up to £5k in line with the Protocols.
The MedCo system will be updated to allow searches for soft tissue and non-soft tissue injury claims.
The Offer for represented claims will remain the same; namely, Two Tier 1 MROs and Five Tier 2 MROS or 7 DMEs. The only variation is where a Direct Medical Expert search is made for a non-soft tissue injury where only GP and A&E experts will be presented in the search results.
