Legislation To Crack Down On Whiplash Claims
Thursday, 26. April 2018
We all know that one of the most common car insurance fiddles is the widely publicised Cash for Crash whiplash claim. Simply a car races past you, swerves in front and brakes hard. You brake and still run into the back of the car. As you ran into the car in front you are considered at fault whilst all 5 people in the car at the time claim for whiplash and each receive several thousands of pounds in costs and compensation.
With the introduction of the Civil Liabilities Act (at Bill stage at the moment) compensation for whiplash claims will drop from the current maximum of £1,850 to £425. The new Act will make it illegal to submit a whiplash claim without medical evidence. Together it is felt that this will discourage this scurrilous activity and in turn save the Insurance Industry £1 billion each year.
This is the equivalent to £35 per motorist. The Ministry of Justice says that despite the UK having some of the safest roads in Europe the number of whiplash claims has increased by 50% in the past 10 years. They blame a predatory industry that encourages motorists to submit exaggerated or fraudulent claims driving up insurance premiums for all.
Justice secretary, David Gauke, said, ‘This legislation will ensure that whiplash claims are no longer an easy payday. The Bill will seek to set fixed amounts of compensation for whiplash claims and halt the practice of setting claims without medical evidence.’
Whilst some insurers, including Liverpool Victoria and Aviva have pledged to pass on any savings to motorists I have my doubts. And how will we know? Will they send a note to all clients advising of a drop in their premiums? I doubt it. My concern is that the £425 ceiling is too low when applied to a genuine case. Genuine cases of whiplash should be treated fairly with those affected being suitably recompensed. I know people who have suffered whiplash with the problem remaining forever. It can be very painful and debilitating. £425 hardly seems fair to me simply because a few crooks make false claims. By Graham Hill
