PART 1Whiplash

Settlement of whiplash claims

6Rules against settlement before medical report

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.