Apparently the whole process for making insurance claims changes from tomorrow, and is partly aimed at reducing fraudulent whiplash claims. Seems each of ius will be better off as a result!
www.bbc.co.uk/news/business-57302790
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Seems like a good approach, but the law of unintended consequences always seems to crop up at some point.
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>> Seems like a good approach, but the law of unintended consequences always seems to crop
>> up at some point.
On that brief report of a sketchy story it sounds as if costs will reduce and claims will increase - presumably all the fraudulent whiplash claimants (most of them) already get a doctor's note? There's no test for whiplash and the diagnosis is usually based on reported symptoms.
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The article is perhaps misleading. I don't think it's a change in the claims process itself as between customer and insurer; it's about the way claims that go to court are handled. In effect low value personal injury claims are moved to the small claims track; a less formal process with no or only limited facility to claim legal costs. The stuff about fraudulent whiplash claims is political smoke and mirrors.
One consequence, intended or not, is that it may be more difficult to bring claims on a no win/no fee basis or using insurance of the type provided by bodies like Cycling UK for relatively minor issues like broken wrists or smashed teeth.
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The legal profession are complaining that it's being introduced with too little preparation/guidance:
www.lawgazette.co.uk/news/key-questions-remain-over-new-claims-portal/5108687.article?
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"The new rules will enable insurers to cut premiums for millions of drivers by about £35 a year, say ministers."
I'm not holding my breath ...
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>> No connection with anything here, but this gave me an intake of breath!
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>> www.lawgazette.co.uk/law/claimants-awarded-2000-damages-and-ordered-to-pay-500000-interim-costs/5108692.article
I wonder what the Claimant's lawyers said about the offer of £110k?
The costs consequences of declining a Part 36 offer can, as here, be pretty serious.
If he over rode legal advice it's all on his watch. If the lawyers offered an argument for pressing on then they may be sweating a bit.
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