RTA Claim Process

A Great Place For Keeping Up To Date

RSS Feed

Insurance firms’ referral fees to be scrapped

0 Comments

In recent times, this country has witnessed a big increase in the population of solicitors.

Which when it comes to litigation, has led our society to become more Americanised. These days, it’s difficult to watch daytime TV without seeing adverts for potentially less scrupulous solicitor firms, and the practice of cold-calling to generate claims is becoming more and more commonplace.

This problem hasn’t escaped the attention of Parliament, with the Commons Select Committee now arguing for the government to push back harder against the ever increasing amounts of fraudulent injury claims.

These sort of claims have seen even more of a boom when it comes whiplash accidents. Whiplash is a tricky one for insurers to dispute, mainly because the diagnosis is a rather subjective matter, and not easy to disprove in court.

Insurance companies would rather settle up front than face a prolonged battle with compensation lawyers, and that’s one of the main reasons why whiplash claims have shot up to something like 430,000 per year in the UK. Yet whiplash is a relatively minor issue when police accident or NHS hospital records are consulted.

The excess of such claims – with some claimants even taking multiple whiplash cases to court over a period of years – means only one thing, and that’s higher car insurance costs.

As the Transport Committee makes clear, not only are dodgy cold-calling solicitors and fraudulent claimants at fault, insurance companies themselves are also to blame. That’s because they receive referral fees for passing on the details of those involved in accidents, which is how solicitors can cold-call in the first place.

Fortunately, the government has recognised that insurance firms receiving referral payments for the likes of whiplash claims is clearly not right, allowing them to take money with one hand, and then put up premiums with the other.

And rightly enough, the government now has plans in place to rid the country of these referral fees – although the move is limited to fees in the case of personal injury claims (as opposed to all referral fees, which the Transport Committee would like to see vanquished).

Louise Ellman, head of the Transport Committee, commented: “The threshold for receiving compensation in whiplash cases should be raised and, if the number of such claims does not fall significantly, the Government should bring forward primary legislation to require objective evidence – both of a whiplash injury and of it having a significant effect on the claimant’s life – before compensation is paid.”

Objective evidence or verification does indeed sound like a sensible measure, and would hopefully lead to quieter courts, and of course a slackening of the pace of the increase of car insurance premiums.

Filed under News

Car Insurers Accused Of Double Standards

0 Comments

Car insurers have been accused of double standards for increasing their premiums every year but continue to blame their need to do this on rising insurance costs through referral fees.

Coupled with pointing the finger of blame back and forth are the accusations from insurance companies that the rising costs are due to claims companies chasing fraud and compensation payouts.

The Association of British Insurers has called for the referral fees to banned altogether.

Malcolm Tarling from the Association of British Insurers wrote an article for the website This is Money supporting the idea that referral fees are the roots of rising costs.

In the article he outlines that “unsolicited contact” which “invite” consumers to make a claim of compensation after an accident is actually “one of the symptoms of our compensation culture” and as a result once you have had an accident “you become a valuable commodity” to the industry.

He goes on further to outline that the means of selling on consumers details by claims management companies to personal injury lawyers is a booming business; the profit the companies receive in return are known as “referral fees”, and worryingly this propagate the idea that there “is a compensation system to exploit that leads to frivolous, exaggerated and even invented claims for injury”.

 

Filed under News

Japan’s Parliament Divided Over Law

0 Comments

Following radiation leaks from the Fukushima nuclear plant after the tsunami and earthquake in March this year, victims have been left frustrated in gaining compensation from insurance companies.

Now nearly three months on, a draft law has been drawn up by Japan’s cabinet which could ensure billions of dollars in compensation is paid to victims by the Tokyo Electric Power company.

However, whilst for some this may be the start of moving forward after the disaster that occurred, in Japan’s parliament support for the new law is divided, owing to the level of debt the company has currently standing at $US110 billion.

The direct affect the radiation has had on the local people within the surrounding area has spread to crops with have been poisoned by the radiation and rendered useless for many people; for example, many tea farmers in the area have had to throw away their crops as a result of the released radiation.

On top of this is the stress it is causing the people living in the affected areas, as many are uncertain as to if their land and food is safe.

Owing to the company’s debt and the overall unknown affect, and how far widespread it is, the radiation has had the likelihood of a positive turn around in moving forward with insurance claims also remains uncertain.

 

 

Filed under News

Worker Fired After Injury, Court Rule Unlawful

1 Comment

A worker in Ohio, US has reportedly been fired an hour after reporting an injury he sustained whilst at work.

The case at the Supreme Court in Ohio, known as Sutton vs. Tomco Machining Inc is hearing that the claimant was fired with no clear good reason immediately after making it known that he had incurred an injury.

The claimant had been employed by Tomco for two and a half years prior to the injury, and had suffered from a previous back injury dating back to 2008.

The claimant, DeWayne Sutton has been advised that he will be able to put forward a claim for wrongful termination as a workers compensation claim.

The Ohio Surpeme Court decision has ruled in favour of Sutton and has outlined that irrespective of the language of the laws protecting injured workers, which upholds a gap in the law between the time a worker may be injured and the time in which he makes a claim, Sutton is protected under this law. The gap in law enables employers to retaliate the employees claims, however it was found that the General Assembly of Ohio did not intend this to be the case within this law.

 

Filed under News

Categories

Meta