Official Injury Claim Portal Guide - How to make an OIC Claim
Since the 31st of May 2021, claimants have been able to make low-value ‘road traffic accident’ injury claims through the new online Official Injury Claim Portal (OIC), created by the Ministry of Justice
The new portal was created as a result of the reforms of the Civil Liability Act 2018, which were set out to reduce the costs of minor Road Traffic Accident claims, and, consequently, slow down the rise of insurance premiums.
These new regulations define specific bands for compensation amounts for ‘general damages’ (essentially ‘PSLA’ - compensation damages for pain, suffering and loss of amenity). These bands act as fixed tariffs for RTA Injury Claims - commonly, whiplash claims, and other soft-tissue injury claims.
The new limit for small claims made through the OIC Portal is £5,000 for ‘general damages’ - with exceptions for vulnerable road users.
Vulnerable road users are classed as:
- pillion and sidecar passengers;
- horse riders;
- those using mobility scooters;
- those using wheelchairs, including powered wheelchairs.
Vulnerable road users will only have to make their claim through the OIC portal if the ‘general-damages’ part of their claim is valued up to £1,000 or under.
Can I make my RTA Claim through the Official Injury Claims Portal?
In order to submit your RTA Whiplash Claim through the OIC Portal, the following criteria must apply to your accident:
- The claimant suffered an injury while driving or being a passenger in a vehicle
- The claimant must be over 18 years old
- Another road user must be identified as the guilty party
- The accident took place in England or Wales
- The accident took place on or after the 31st of May 2021
You may not be eligible to make your claim through the OIC Portal if any of the following apply:
- The road user responsible for the injury was operating a vehicle with a foreign registration
- The accident was a hit-and-run
- The entity responsible for the accident and the injury is not another road user
- A breach of the Health and Safety at Work Act caused the accident and injury
How do I calculate my compensation claim amount?
Generally, the monetary value of a compensation claim can be divided into two categories:
- General Damages represent the compensation you receive which is directly related to your injuries. Legal professionals value General Damages from the Judicial College’s Guidelines, which you can refer to yourself.
- Special Damages include all financial damages that are a consequence of your injury, such as lost earnings, care and treatment costs, vehicle repair and substitution costs.
New guidelines dictate limits on the damages you can claim through the portal, but these are not applicable to all cases. The tariff awards on the OIC website indicate a limit of £4,345 on an injury with symptoms lasting 24 months, but this figure only applies to whiplash injuries. Injuries which do not fall within the whiplash category, or carry a prognosis longer than 2 years, may be valued differently.
Our expert solicitors can help you calculate a fair compensation amount for your injury, and support you through the claim process.
What do I need to start a claim through the OIC Portal?
You can begin the claim process yourself through the portal without additional legal support. Although some criticism has been levied against the portal’s ease of use, entering the initial required information should be straightforward.
Depending on the circumstances of your road traffic accident and injury, you may be required to supply the following information:
- Your National Insurance Number
- Information about the circumstances of the accident (time, date, location etc.)
- The Crime Reference Number related to the accident, if applicable
- Information related to the vehicle responsible for the accident, and its owner
- Information about the vehicle you were in at the time of the accident, and its owner
- Personal information of all passengers and any witnesses
- Any information and evidence related to the injuries and financial damages caused
Head of Litigation