I write in response to the article 'Claiming for whiplash?
You may have to prove it'
The insurance industry has many questions to answer for
any unjustified rise in whiplash cases. The motor insurance
industry is profiting from providing a what is in effect a public
service, as it is a legal requirement to have motor
insurance.
It is up to insurers to fight whiplash claims that they
feel are inappropriate. If the insurance industry simply pays
out when it sees the word “whiplash” it is not
surprising that some claimants will make unjustified claims for
it. Many will take the view that it is too easy for insurers
simply to pay the claims and add the costs to the premiums. The
courts have historically taken a pragmatic and appropriate
view in ensuring that compensation does not overstep the
bounds of reasonableness. The industry should find the
appropriate cases to establish the boundaries.
The issue of whiplash is not an isolated case. What are
insurers doing to stop the racket of inflated courtesy car hire
charges whilst profiting from selling claimants details?
Above all, however, it needs to be remembered that for
many accident victims whiplash can be a painful and debilitating
injury. Claimants who seriously suffer from it are entitled
to compensation and the Government should not make it more
difficult to claim that compensation just because l the insurance
industry has failed to sort itself out. We are happy to work
with the Government and the insurers to address these issues.
Desmond Hudson, chief executive of the Law
Society.