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Solicitor Challenges the Government and the BBC on "Whiplash" Claims- 12/01/2012
The Government is failing to listen to the voices of innocent people who have been injured in accidents, according to Adam Hodson, a Personal Injury solicitor with FBC Manby Bowdler LLP and member of the Association of Personal Injury Lawyers (APIL).
Mr Hodson also criticized the BBC for failing to provide an independent and impartial report on the issue.
"The Government is embarking on a reckless and one-sided attack on personal injury solicitors, as well as against innocent victims who have suffered injury in road traffic accidents, without listening to those very people who have been injured or those representing them. Both the Government and the BBC in their latest article have only listened to one side of the argument - that is, the side of the insurers who have spun an extremely biased and negative view of the industry.
"The truth is, insurers are a business whose sole purpose is to make profit for their shareholders. They have no interest in ensuring that an injured claimant is properly compensated for their injuries and often undervalue claims to save themselves money. The Government should be doing more to safeguard the interests of those innocent Claimants' who need protecting from the very insurers that are supposed to be lawfully compensating them."
The Transport Select Committee, following consultation with the Association of British Insurers (ABI) has recently said that claimants should now have to prove they have suffered a whiplash injury by raising the threshold of proof before compensation will be paid out, and reassess the amount of compensation paid out in whiplash claims. They also state that rising insurance costs have been caused by "greedy ambulance chasing lawyers' fees".
Mr Hodson continued - "Lawyers fees have been capped in low value road traffic collision cases for the past two years - something which the ABI agreed with - so the ABI is incorrect when accusing legal costs of causing premiums to rise. The real reason is that 80% of cases are wrongful contested and fought by insurers, who then complain that costs are too much when they fight a case and lose at court.
"The burden of proof has always been on a Claimant to prove their injury. This is done by solicitors instructing independent and suitably qualified medical experts to examine a Claimant and assess whether a person has been injured. If the expert is not satisfied that the person was injured, that person will not receive compensation.
"Compensation, or "damages", is assessed in accordance with the Judicial Studies Board Guidelines, which is based upon long-established principles of case or common law and tested in the courts. By interfering with the independence of the Judiciary, the Government are overstepping the mark and have completely disregarded the doctrine of the "separation of powers" (whereby the Executive, Legislative and Judiciary remain separate from each other).
"It is not for politicians to assess compensation - it is for the courts. By reducing the amount an innocent victim is entitled to, the Government is doing nothing but increase the profits of insurance companies who will save millions each year by paying out less in claims. They will deprive innocent Claimants of the very compensation they are entitled to in law."