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.
