Why whiplash crash scams make it harder for
real victims
Motor insurance companies are becoming concerned that a rising tide of fraudulent whiplash claims could make life much harder for genuine victims of road traffic accidents and push the cost of insurance premiums up for everyone.
Some insurance companies think that premiums could rise between 10 and 20% this year as a result of fraudulent claims and personal injury claims. This could push the average premium of a driver with a full no claims bonus up by about £80 a year. The 20% increase is needed for the insurance industry to achieve an underwriting profit. At present, for every £100 spent on premiums, insurers pay out approximately £105. Fraudulent claims have risen by around 17% and cost the industry £30 for every private car insurance policy in force.
Crash scams not only cost the industry money, but also damage the reputation of legitimate claims as well. By raising the spectre of suspicion, fraudulent claims mean that there is a greater burden of proof placed on those bringing legitimate action. Because so many fraudulent claims are being pushed through the courts as a result of the advent of 'no win no fee' facilities, solicitors are finding it harder to give genuine claims the credence they deserve in the courts. As the situation continues, companies are making increasing efforts to develop systems that will give claims for injuries such as whiplash a better basis in scientific fact rather than conjecture.
The daily advertising schedules are full of companies offering a 'no win no fee' service to victims of accidents, and as a result of this cushion against possibly prohibitive legal fees more people are taking up the call to pursue claims which may be suspect at best. The companies, overwhelmed by a flood of small claims, sometimes find it difficult to distinguish between genuine and opportunist claims that may have no basis in fact. However, the more professional companies have put in place systems to weed out those claims they think may be suspicious, freeing up the courts and legal profession's time to deal with those brought by genuine victims.
Some people are becoming reluctant to pursue a genuine grievance because of a stigma attached with having brought a compensation claim. This is a misnomer and the wrong approach. Not only can a genuine whiplash claim compensate a victim for their pain and suffering, but it can also ensure that measures are put in place to prevent others from having to go through the same situation at a later date. If the victim of a road traffic accident can prove that the crash was caused because of a faulty road surface for example, their claim may gender a response from the authority responsible for the maintenance of that road surface. This could result in other motorists being protected from a potentially dangerous situation.
'Crash for Cash' scams not only damage the reputation of the whole compensation system, they are illegal as well. The police are becoming far more aware of this new form of crime and are taking positive action to combat it. One of the biggest areas of contention is the 'whiplash' claim, which accounts for two thirds of all personal injury claims. With clearer guidelines as to the causes and effects of this particular type of injury, courts will soon be able to make definitive rulings as to what constitutes whiplash and what circumstances are likely to contribute to it. With the legal professions' help the number of fraudulent claims could drop dramatically, avoiding increased insurance premiums and re-establishing the personal injury claim as a legitimate and stigma-free form of action, ensuring that victims get the compensation they really deserve.