Whiplash Claims

Claims management companies need better regulation?

A number of consumer campaigners have banned together to give Justice Secretary Ken Clarke a piece of their mind, calling for claims management companies to be regulated much more closely.

Criticism of claims management companies has been growing after it’s come to light that many are charging their consumers up to one third of their personal injury compensation payouts, even though it costs nothing to submit a claim to the Financial Ombudsman Service.  These firms are simply breaking the law, a letter sent to Mr Clarke claims, stating that there’s been a failure on the part of the Government to adapt its regulatory practices to the quickly-growing sector.

It’s not just whiplash claims and other car accident claims that CMCs ‘help’ consumers bring, as these claims management companies cover a wide range of grievances.  Urgent action is needed to curb the proliferation of CMC charges, the letter stated, since the lion’s share of compensation claims for mis-sold payment protection insurance policies will occur this year, and that steps need to be taken now to prevent CMCs in taking too large a slice of the pie.

The Ministry of Justice needs to take action to encourage tighter regulation and enforcement and better self-regulation and supervision of the industry, the letter says.  The authors added that the Government has a responsibility to to aid consumers by taking steps to make sure claims management firms are regulated properly and that best practice is used in order to do so – and if this requires new legislation to accomplish this goal, so be it.

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Deafness – it’s the new whiplash, experts say

Insurance groups have begun to complain about the newest threat they face to their bottom lines in the form of injuries leading to deafness and hearing loss, with one industry expert calling work accident claims involving deafness ‘the new whiplash.’

The number of personal injury compensation claims involving hearing loss escalated by almost 25 per cent last year, according to Zurich, one of the largest insurance companies in Europe.  Meanwhile, the total number of deafness-related claims in the UK was estimated at 35,000 in 2011, according to one personal injury solicitor.

Whiplash claims and deafness claims contain a common thread in that many of them may be spurious, according to insurers, suspecting that claims management companies and personal injury lawyers are working to entice individuals to make claims by offering free hearing aids to those with hearing loss.  However, charities and law firms pointed instead to recent legislation update that could be the reason behind the rise: the noise threshold that must be met by an employee before they can seek compensation for damage to their hearing was lowered recently.

The Health and Safety Executive said that there are more than 1 million British workers exposed to dangerously high noise levels.  Around 17,000 of them are already suffering from hearing loss as a result of excessive work noise; while the number of deafness claims generates nowhere near the massive £2 billion  that the whiplash claims industry does, insurers are always looking after their bottom line, it seems.

 

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Whiplash claims cost £2b a year – can you believe it?

You might find it hard to believe, but whiplash-related car accident claims cost insurance providers around £2 billion on an annual basis, according to the AA – and drivers are footing the bill to the tune of around 90 extra pounds a year on their insurance premiums.

Change simply can’t come soon enough, according to the motoring organisation, a sentiment that has been echoed by anyone receiving their renewal paperwork in the post and seeing yet another rate increase.  Ministers have been working overtime with the insurance industry to find ways to minimise the impact of whiplash claims, especially false ones that have proliferated due to the number of claims management companies that have sprung up like wildfire across the country.

Insurers have traditionally run into serious trouble in challenging dubious claims because of low medical evidence thresholds.  However, new measures discussed by the Government could bring higher thresholds, which will reduce the amount of claims that make it through the initial screening process.

The last two years have seen whiplash-related claims become the major contributor to the massive insurance premium price increases we’ve all been labouring under, according to the AA.  The average shop-around comprehensive quote has gone up by an eye-watering 50 per cent, the motoring organisation said, with AA Insurance’s Simon Douglas stating that he hopes the new measures will be put into effect sooner rather than later, especially as the current system encourages individuals to make spurious claims regardless of the seriousness of their injuries.

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