What should we do about personal injury claims for whiplash?

MPs have repeated their call for a change in the way personal injury claims for whiplash are dealt with, amid growing concerns that it is hard to defend again these sort of cases.

Members of the Transport Committee said that personal injury compensation for whiplash cases should not necessarily be paid out on diagnosis of the complaint alone. Personal injury solicitors should be able to produce other forms of substantiating evidence to back up the diagnosis in court.

The most recent Cost of Motor Insurance report said that the government wants insurers to fight more vigorously against accident claims,

On the other hand, the Association of Personal Injury Lawyers has said the UK legal system does not help injured people who want to make a claim. Karl Tonks, the incoming president of APIL, said insurers can contest a personal injury claim right up until the eve of a trial. As well as incurring unnecessary costs, this could mean an injured person has a long wait before they get the compensation they so desperately need.

The government has to come up with a way of reducing the amount of whiplash cases that spring up in our courts. Many of them are spurious at best and downright false at worst. Whiplash is hard to prove and therefore GPs tend to err on the side of caution, thereby helping a claimant pursue compensation.

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