Ban on whiplash claims
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Recently, the UK's largest insurer, Aviva, called for a complete ban on personal injury claims for whiplash and claimed it would save motorists £32 a year on their premiums. Aviva suggested that only treatment costs for services such as physiotherapy should be paid to injured drivers and passengers.
I was incensed by this suggestion as whilst I, like everyone, would only be too pleased to have a reduced car insurance premium, this would be punishing the deserving for the unscrupulous actions of a few.
I am of course fully aware of the well-publicised newspaper articles about fraudulent whiplash claims, including fabricated accidents, but it is the responsibility of insurers and Claimant solicitors alike to be alive to these potential claims but still pursue legitimate claims for honest clients.
If someone crashes into the back of your car due to their carelessness then why should you not recover for any subsequent neck pain and headaches that you develop? To ban such claims would be sending out a signal that you can hurt someone and not face the consequences, which I do not believe has a place in our judicial system.
New steps are in place from 1 October 2014 to prevent medical reports being obtained from biased medical practitioners with a ban on medical reports being obtained from those who have provided treatment to Claimants, those who are associated with anyone who has provided treatment or who propose or recommend that they or an associate provide treatment. Further, strict limits on the cost of medical reports in whiplash claims have been introduced which will assist in keeping the costs proportionate in this area of litigation. It is hoped that a formal panel of approved medical practitioners in the field of whiplash will be introduced in the near future and this would be another welcome reform.
I have assisted many deserving clients who have suffered whiplash through no fault of their own and here at BL Claims we continue to welcome new clients suffering whiplash and associated injuries who wish to seek compensation which they are rightfully due.
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