Personal injury: One rule for government, one rule for insurers

The introduction of the Criminal Injuries Compensation Authority tariff list in 2012 means that insurers are now paying out much more to personal injury claimants than the government.

The Ministry of Justice has two lists of damages to be paid out for specific bodily injuries. The set of tariffs it insists insurers adhere to is the Guidelines for the Assessment for General Damages in Personal Injuries. It was last published by the Judicial Office in September 2012 and will be updated this year, with the amount the courts will award expected to rise again.

There is also another list in existence, for when the government itself has to pay out damages. This is used by the Criminal Injuries Compensation Authority, an agency of the Ministry of Justice. On 12 November 2012, just after the last Judicial Office guidelines were published, MPs voted on new, harder-to-claim CICA tariffs. These came into force just a few days later on 27 November 2012.

This article explains the differences between the two lists of damages and illustrates the damages to be paid out for specific bodily injuries.