What the OIC Reforms Mean for Credit Hire in 2026

The Official Injury Claim (OIC) portal has been running since May 2021. Five years on, the whiplash reform programme has reshaped the personal injury landscape in ways that matter directly to credit hire companies, even though credit hire itself was never the target of the reforms.

1. What the OIC Was Designed to Do

The reforms had a clear objective: reduce the number and cost of whiplash claims. The OIC portal was built to enable litigants in person to make RTA personal injury claims valued under £5,000 without solicitor representation. The small claims track limit was raised from £1,000 to £5,000, and the Civil Liability Act 2018 introduced a fixed tariff for whiplash damages.

In pure volume terms, claim volumes have dropped to their lowest in 20 years. The picture is more nuanced than the headline suggests.

2. What the Data Shows

Q4 2025 data shows the portal continuing to process claims, with steady call volumes and ongoing system improvements. The October 2025 advisory group meeting noted that more claims may now be starting in Claims Portal Ltd (CPL) rather than OIC, potentially driven by increasing numbers of non-tariff injuries.

3. The Tariff Uplift and Mixed Claims

From 31 May 2025, whiplash tariff damages increased by 15%. At the upper end (18 to 24 months), awards now sit at the top of the £5,000 small claims limit. Combined with non-tariff injuries in mixed-use cases, more claims are expected to exceed the small claims threshold.

For credit hire companies, claims that previously sat firmly within the small claims track may now cross into the fast track. This changes the economics of pursuing credit hire losses alongside injury claims.

4. The Fraud Displacement Effect

This is arguably the most significant indirect impact. With whiplash claims less attractive to fraudsters, attention has shifted to credit hire, damage inflation, and repair costs — areas where claim values can be inflated without engaging the OIC portal.

Credit hire is a particular target because of the sums involved. A fraudulent or exaggerated claim can dwarf the value of the underlying injury, placing greater burden on credit hire companies to ensure their processes are robust and documentation complete.

5. No Appetite for Direct Credit Hire Reform

The MoJ has confirmed no current appetite for legislative reform of credit hire itself. This means the existing legal framework — Dimond, Lagden, Stevens v Equity Syndicate Management Ltd [2015] EWCA Civ 93 — will continue to govern disputes for the foreseeable future.

6. Fixed Costs Extension: The Quiet Game-Changer

The extension of fixed recoverable costs to the fast track and monetary claims up to £100,000 captures the majority of credit hire disputes. Where previously the costs of litigation deterred weak insurer challenges, fixed costs change the calculation. The financial consequence of losing is more predictable and, in many cases, lower — emboldening more aggressive challenges.

7. What Credit Hire Teams Should Be Doing

• Documentation standards must be higher than ever. Need, period, rate evidence, impecuniosity, mitigation.
• Response quality matters more. Responses grounded in verified case law beat generic templates.
• Fraud awareness is essential. Robust processes to identify and decline suspicious claims.
• Stay close to the PIR. The MoJ's post-implementation review will report in due course.

Key Developments Timeline

• May 2021: OIC portal launched, small claims limit raised to £5,000
• 2023: Fixed costs extension to fast track claims up to £100,000
• May 2025: 15% uplift to whiplash tariff damages
• October 2025: MoJ announces post-implementation review of whiplash reforms
• 2026: PIR call for evidence closed, findings expected

Disclaimer: this article is general guidance, not legal advice.