The Queen’s Speech confirms that the Government is to have another go at changing the law concerning whiplash claims. These are controversial claims because their number has grown over the years and it is said to be very difficult for a medical expert to tell whether or not someone is in fact suffering with whiplash. Although most whiplash claims arfe small, the sheer volume of claims means that when the claims are aggregated a large sum is paid out by insurers. So a classic case of an individual right becoming a, perceived, societal burden when too many people try to rtely upon it.
There have been a number of high profile cases of fraudulent claims often coupled with faked accidents or ‘victims’ causing a collission.
Insurers have been pushing hard for the changes which might see car insurance premiums coming down (good for those who have insurance) as a result of fixing the amount payable to claimants (less good news for those who have been injured) and requiring medical evidence to be obtained before a pay out is made (less good news for insurers and fraudsters). The culprits here are insurers; they often think it cheaper to settle a claim early than investigate it fully. The Government’s worry is that making payments without asking for supporting evidence encourages fraudulent claims.