One solicitor recently said that those faking whiplash-related injuries for profit are ‘ruining it for the rest of us’ when it comes to those legitimately suffering from the painful condition.
The solicitor, who specialises in whiplash claims, spoke out recently on the new government proposal to institute an independent medical panel to handle examinations before allowing such a claim. ?The legal expert said that steps do need to be taken in order to weed out fraudsters, scammers, and other undesirables from abusing the system, but was quick to say that the new system may also target innocent victims, making it harder for them to access justice.
On the one hand, solicitors and insurers get to receive an independent medical report instead of notes taken by a GP in order to validate the injury. This means that legal professionals have an objectively better source of information that can be trusted much farther than a run-of-the-mill GP.
However, the new rules could increase the difficulty for some legitimately injured claimants from being compensated for their injuries, as the process for diagnosing whiplash is far from an exact science, and that the panel may err on the side of caution out of a desire to clamp down on the so-called ‘compensation culture gripping the UK. Meanwhile, the responsibility for this influx of spurious claims can be laid at the feet of large claims management companies and insurers themselves, as CMCs advertise their services in a highly aggressive manner and insurers have aided this by selling on personal details of customers involved in accidents to these claims management firms.