But MoJ confusion is good timing, according to MASS

Just when insurers thought there was light at the end of the tunnel, the Ministry of Justice has taken away all hope of the personal injury claims reforms finally reaching a conclusion. However, it’s not all doom and gloom, according to the Motor Accident Solicitors Society (MASS).

Following an announcement from the MoJ that their proposed implementation of the new claims handling procedure for road traffic accidents has been put back to April 2010, the chairman of the Motor Accident Solicitors Society (MASS), John Spencer said: "MASS has played an integral role in the discussions and negotiations to streamline the claims process. We have for some time expressed our concern at the short timetable that the MoJ had set itself and the implications this may have on the success of the scheme.

"In order to ensure that this new process achieves the Ministry's aim of improving the efficiency of the claims handling process, it is vital that the new proposals are thought through logically and will work practically. At present there are still a number of issues outstanding and many 'grey' areas that still need to be addressed. It was becoming increasingly difficult to see how all these outstanding issues could be agreed and the new rules drafted for the Rules Committee for July. In addition, sufficient time had to be given to both claimant solicitors and the insurers to adapt their claims management systems and train their staff accordingly.

"Consequently MASS is extremely pleased to see that the Ministry has put back the implementation date to April 2010. This sensible approach will ensure that all the necessary detail that is entailed in handling a road traffic accident claim is encompassed and sufficient time provided for internal system adjustments and training. Furthermore, there is still the essential issue of the new costs regime that will accompany the new process.

"This is likely to be as important a factor, if not more, in the success of the scheme. Whilst the insurance industry have consistently campaigned for reduced costs, MASS maintains that this whole process must ensure that the claimant's needs remain pivotal. Consequently, in order to ensure the claimant receives access to quality and independent legal advice, the costs awarded must be set at a sustainable level.

"MASS will continue to work extremely hard with the MoJ to ensure the new process can be finalised and that it will ultimately once implemented, give injured parties improved and sustainable access to justice."

See story: Personal injury reform delayed until April 2010