The issue of claiming for whiplash is very contentious, given no one has managed to establish what actually is involved, apart from that a rear end shunt will clearly have an impact on the driver and passengers of the vehicle in front.
There was a story recently where a driver hit another car where he could only see the driver in front but when the claim came in there were claims for the driver and four other family members. The Insurer had to pay out because there was no way of proving the ‘passengers’ weren’t in the car.
Some might say it’s a cool way to make money but many others see it as a real abuse of the system, particularly Insurers. Fraud is becoming a serious problem and whiplash claims have gone crazy with the average pay-out now between £2,500-£3000.
Accident management firms are viewed as vultures on the system because the increase in premiums is put down to their success. Whilst that may be so, if I was involved in an accident, I would want the best pay-out possible and it takes an independent party to secure that.
In short I have nothing but contempt for those who put in fraudulent claims, and whiplash is the old favourite. Perhaps new legislation will limit the pay-outs on many ‘dubious’ claims but if Insurance is to work properly and people are to be enthused to buy it, then it must be seen that in the event of an accident that is not fraudulent, those who have the right cover are fully compensated and not palmed off with an insulting offer.
This is a very apt article. As a claimant solicitor I strongly support any initiative to eradicate fraudulent whiplash but not in such a way that genuinely injured accident victims are denied compensation for financial loss and general damages for their pain.
ReplyDeleteThe insurers of the negligent driver should also offer treatment to assist an early recovery
Chris Lodge
Kaslers Solicitors LLP