Conservative Government To End Whiplash Claims
The Conservative Government said “we are all in it together.” Following massive cut backs to the poor and vulnerable and the revelations about the rich evading tax one may consider this statement a little disingenuous. However this is Politics but the Conservative Government has been chipping away at access to Justice and seemingly taking for granted everything Insurance Companies are saying about personal injury claims.
Access to Justice For The Rich
You may not be aware of the massive cuts in Legal Aid and an unprecedented increase in court fees following a Conservative led initiative to reduce access to justice to the poor and vulnerable. But in personal injury claims, the Conservative Government have listened to the motor insurance industry in particular and have decided to reduce the fixed Solicitors costs in whiplash claims for successful cases. Personal injury solicitor firms will be closing shortly all over the Country.
The Conservative Government have forced personal injury solicitors to charge their successful client up to 25% of their compensation for injuries and losses sustained to make up the cut backs to solicitors.
Prior to April 2013 when the change in the law came into force, if a personal injury solicitor took 25% of the compensation from his or her client’s damages they would be struck off and sent to Jail! Now it is all legal courtesy of the Conservative Government.
Have Your Say – Do You Think There Should be A Ban on Whiplash Compensation Claims?
Ban on Whiplash Soft Tissue Injury Claim On The Cards
Now coming soon the Conservative Government want to ban claiming compensation for whiplash claims which involve ‘soft tissue injuries.’ The vast majority of whiplash claims will fall within this category meaning that it will shortly be impossible to make a whiplash claim unless it is in the most extreme case. Many years ago, Insurance Companies were looking to stop payment of whiplash injury compensation and to replace it by offering the victims ‘a bunch of flowers.‘ The Labour Government did not take the advice from the Insurance Companies but under Conservative, the injury victims won’t even get that.
Insurers “Hoodwinked” the Government on Whiplash Injury Reforms
In the Law Society Gazette it is suggested that personal injury solicitors are fighting back against the constant barrage of cut backs and limiting the poor to access to justice.
In addition to banning most whiplash injury compensation claims, the Conservative Government also wish to raise the ‘Small Claims Limit’ in personal injury claims from £1,000 to £5,000. What this means that the majority of personal injury claims fall to be under £5,000 so that if an innocent victim of an accident sustains an injury less than £5,000 it may cost the victim more to instruct a personal injury solicitor than the compensation itself. This is because, the insurance company for the Defendant is not obliged to pay any legal costs for a ‘small claim.’ This means that if a child sustains an injury such as a fractured or broken arm (valued at about £4,500) the child will have to pay a substantial part of any compensation to his/her solicitor if it went through the small claims court or settled out of court by the insurance company. It is unfair, and unjust denying access to justice.
How much compensation for whiplash injury?
Compensation for whiplash injury to 6 months
Compensation for whiplash injury to 12 months
Compensation for whiplash injury to 24 months
Compensation for whiplash injury to 36 months