Whiplash injury victims – denied access to justice
A hard-hitting Conservative Government again are taking the sides of insurance companies to reduce access to personal injury victims who have suffered as a result of an accident due to no fault of their own.
The main thrust which is of great concern is the fact that the “Small Claims Limit” currently set at £1,000 will increase to £5,000. What this means is that the vast majority of whiplash injury claims will fall under the small claims procedure where solicitors costs are not recoverable even if the whiplash injury claim is won.
Why is it important to have a whiplash injury solicitor?
It’s simple. Where Defendant Insurance Companies have deep pockets and they can string out cases over long periods of time. They often:
- Deny liability,
- Deny injury ever occurred
- Make the claimant jump through hoops to support the claim
- Threats of costs over conduct
- Delay the whiplash injury claim
- Delay payment of compensation
- Make offers of compensation less than the real amount if the matter proceeded to court.
This is often what whiplash injury solicitor are faced with on a routine basis when making a claim. If they can delay a claim brought by experienced solicitors they can certainly give the injured claimant the “run around.”
The 3 Options to be decided in March Next Year
The whiplash injury plan is as follows as referred to in the Grayling Whiplash Plan in the Law Society Gazette:
“The consultation proposes three options: increase the threshold for RTA whiplash claims to £5,000; increase the threshold for all RTA personal injury claims (including whiplash) to £5,000 or retain the current threshold.
The paper adds that the small-claims track is a ‘less costly regime in which to bring a case and therefore a less costly one in which to challenge questionable whiplash injuries’.
The consultation closes on 8 March, just 14 working days before the Jackson reforms – including reform of no-win, no-fee and the ban on referral fees in PI – are set to be implemented.”
Claim whiplash Injury Compensation
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