Should they ban whiplash claims?
In an article in the Law Gazette it would appear the government are still keen to ‘crack down’ on Whiplash claims. To put that in its correct context they are keen to help the insurers from paying out compensation for whiplash claims. Why would our government help private companies against members of public claiming against their insured? Interesting article here shows how many senior ministers have links with insurers, bank and health care providers and I would have thought would at a basic level be a conflict of interest.
But back to the point. Should they ban whiplash claims? Are they a real injury? The problem is that if someone just has whiplash and nothing else there is no actual way to prove it. The insurers will have you believe that there is an epidemic of fraudulent claims. They can’t actually show any real statistics, as it is just a feeling they have.
Yes, we believe there are some fraudulent claims. There will always be. But unless actual evidence can be provided then the insurers should shut up and do something about it.
They could ensure every car has a dash cam and telematics, that would solve half the issues and also liability but that is too easy.
What should the industry do?
We believe both the defendant and claimant side should both do their jobs. Claimant Solicitors should stop taking on claims where the claimant only had a scratch or hurt feelings. The defendant side should do their job and if they believe there is no claim. They should defend that claim and not just payout on wasteful claims. If both sides do that then it will bring a balance back. The days of data capture. Pointless surveys. Random text messages and cold calls are coming to end, finally.
The days of data capture. Pointless surveys. Random text messages and cold calls are coming to end, finally. these methods of capturing injured people quite often coerced people who would not normally make a claim into claiming with high pressure or even misleading selling tactics.
The insurers would have you believe this is done by the evil claims management companies but the truth is they are the worst culprits.
But should you claim for Whiplash?
Yes is the simple answer. Only you the injured person knows if they were really injured. If you are injured you are not helping anyone by not claiming. You are only benefiting the insurance companies who despite their claims will not be passing back those savings to your fellow members of the public.
What happens if the Government go on to ban whiplash claims?
I don’t think they will go so far as an outright ban. Although that would settle the issue once and for all. They aim to restrict who can help you too, well no one. They also mean to ensure you get so little for this injury that was not your fault that you won’t bother claiming. Currently, someone injured in a car accident who suffered whiplash. they attended their hospital and GP about their injuries. They sort out a solicitor and had a medical would normally receive around £1800.
Under the new recommendations that amount would be cut to £425 but only after a medical. But as of yet, there are no clues as to who pays for this medical.
These changes will come into effect in 2018 It is believed. If you have been sitting on the fence about making a whiplash claim you need to consider making one before it is too late.
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