I started out in the legal sector at a personal injury law firm. Whilst mainly serious accidents involving motorcyclists was our bag we did see our fair share of standard "whippy" or "soft tissue injuries".
The truth is fraudulent claims are a problem but a small proportion of overall claims made. The issue here is that as yet we have no real way of identifying a black and white system for whiplash, diagnosis is driven by verbal confirmation of pain or discomfort.
Insurers have poor claims processes that are not fit to handle the claims submitted to them. Insurers have been making pre medical offers for years to victims, undersettling and making claims "go away" to save some money. It is the insurers that have driven fraudulent claims to the levels we see today.
Solicitors have invested huge amounts of time and effort into identifying fraud as well as funding or entering into funding relationships with companies to assess injuries via medicals with medical professionals.
To miss lead the public with a "£40" saving on car insurance when in fact the true cost could be no representation or ability to claim in the case of a non fault accident is unethical.
I for one would rather spend £40 and know I am able to receive compensation if I am in a non fault accident that causes me injury.
At least this article attempts to balance the argument but the scales of justice are sadly weighted in favour of the insurers 100/1 when looking at press coverage!
Good luck everyone in the personal injury sector. Access to justice is a right that should never be lost
The industry has pumped time, effort and money into a campaign, led by the Association of British Insurers, that has pushed for legal reforms that would deny compensation and legal advice to whiplash victims. It has put forward the dubious argument of an “epidemic” of false whiplash claims while slyly neglecting to mention that insurers could fight the dubious ones but often fail to do so. Far more preferable to get the Government to eliminate the problem for them.