Injury Protection Helpline

Personal injury claims adding £2.4 million daily to the cost of insurance premiums

2012-02-28T03:51:00.000-08:00

New figures released this week show yet again that the high volume of personal injury and whiplash claims being made in the UK are putting extra strain on all policyholders as statistics revealed that £2.4 million is being added daily to the cost of insurance premiums, which equates to £30 extra a year to every policy in the country.

It’s estimated that £876 million is being paid out every year in legal fees, with £1,666 being added to the cost of insurance premiums in the UK every minute. The cost of an average car insurance policy now stands at £418 up by 18% in the last year, with legal costs as a result of personal injury claims being blamed for pushing up the cost of premiums.

In many cases, the legal costs often outweighs the amount of compensation won, with one case highlighted this week revealing a £37,250 bill was run up in legal fees pursuing a claim where the compensation won was just £15,000.

Read More - http://www.ladymotor.co.uk/news/personal-injury-claims-adding-2-4-million-daily-to-the-cost-of-insurance-premiums-12740/

Insurance Bosses Back Cameron Over 'Compensation Culture'

2012-02-21T04:55:00.000-08:00

The insurance industry has promised to pass on savings to customers after a cut in personal injury legal fees, Downing Street has said.
At a summit with leading insurers, Prime Minister David Cameron criticised the "compensation culture" and pledged to reduce the current £1,200 fee for lawyers on small personal injury claims.
Insurance bosses committed to ensuring the savings were passed on to the public. The firms also promised to challenge more health and safety claims rather than just paying out.
In a bid to help small and medium-sized firms, the insurance industry also indicated it would provide guidelines stipulating exactly what employers do and do not need to do to comply with health and safety laws.
Concerns have been raised by businesses that they are forced to go far beyond legal minimums to secure insurance cover.

Read More - http://www.huffingtonpost.co.uk/2012/02/14/insurance-bosses-promise-personal-injury-whiplash_n_1276895.html

David Cameron pledges action to cut car whiplash claims

2012-02-14T06:53:00.000-08:00

The government will tighten the rules on car insurance to reduce claims for whiplash and bring the cost of premiums down, David Cameron is to say.

As he hosts a meeting in Downing Street with insurance, consumer and business groups, the prime minister will say he wants to stop "trivial claims".

Insurers say whiplash claims cost their industry £2 billion a year and add £90 to the average annual bill.

They want to see a minimum speed below which a whiplash claim can be rejected.

Number 10 said Britain had become "the whiplash capital of Europe", with 1,500 claims a day for even the most minor accidents.

www.injuryclaim-specialist.co.uk
Read More - http://www.bbc.co.uk/news/uk-politics-17025155

Whiplash injuries can be avoided: IAM

2012-02-07T03:01:00.000-08:00

Whiplash claims have recently been identified as the as the biggest factor in pushing up insurance premiums.

Rear-end shunts are the most common accidents and, since many rear impact accidents result in a neck or spinal injury, these are often linked to personal-injury insurance claims.

But, says the Institute of Advanced Motoring, as with all aspects of your driving, there are things you can do to reduce your chances of being a victim of or indeed causing a whiplash injury.

Making sure you have a properly adjusted head restraint is very important. The head restraint should be level with the top of your head for maximum safety. Take a moment before each journey to check that your head restraint is still at the correct height, especially if you're not the only person who uses the car.

Too high is as bad as too low. And always make sure your passengers do the same too, no matter how old they are.

Compensation scheme to be overhauled

2012-02-02T02:38:00.000-08:00

Victims who suffer sprained ankles, broken toes or bruised ribs would no longer be entitled to compensation under Government plans, Kenneth Clarke said today.

The Justice Secretary said the plans would see payouts target the most serious injuries and prioritise high-quality practical help, rather than helping those with relatively minor injuries.
Mr Clarke also said the compensation scheme would be extended to help British victims of terror attacks abroad.
Under the proposals, rapists and murderers will no longer be able to claim compensation for being victims of crime under the taxpayer-funded Criminal Injuries Compensation Scheme (CICS).

Read More - http://www.independent.co.uk/news/uk/crime/compensation-scheme-to-be-overhauled-6297148.html

Ronnie Conway: Why personal injury claims end up costing every single one of us

2012-01-26T02:00:00.000-08:00

Dubious whiplash incidents are only the tip of the complex and costly insurance iceberg that is driving up premiums

MY CAR was damaged recently. It was in a car park and I was somewhere else. I claimed on my own insurance, and was directed by them to a repair garage which took my mobile number, ostensibly to contact me when the car was ready. They did not. Instead they sold on my details to a claims management company. I know this because I received a text a week later telling me I had been in an accident and was entitled to £2,750. Coincidentally, the insurance industry blamed a projected rise of 13 per cent in premiums on the rise in personal injury claims.
Whiplash claims now make up 70 per cent of all motor accident claims. Typically, neck and back symptoms might last three to six months, with courts awarding damages of £1,500-£3,000, so the claims themselves are not large. However, whiplash is an injury which has few objective signs and there is a clear temptation for fraud and exaggeration. Evidence was placed in 2011 before the Transport Select Committee that the insurance industry loses £2.1 billion per annum to fraudulent claims, whether by “cash for crash” staged accidents or invention of symptoms. The industry presents a story of the honest citizen paying the price for a system milked by the unscrupulous.

Read More - http://www.scotsman.com/news/ronnie_conway_why_personal_injury_claims_end_up_costing_every_single_one_of_us_1_2072054

With car insurance soaring who is cashing in on car crashes?

2012-01-20T03:00:00.000-08:00

Horrified by the rise in your latest car insurance premium? You won’t be the only one.
The average quote for comprehensive annual cover has hit a record £971 – more than double the £446 it was in 2005 – an AA survey of 2,550 motorists will show next week.
Already facing sky-high petrol and diesel prices and the soaring cost of living, drivers must wonder how insurance firms can justify the hike.

A Mirror investigation has revealed drivers are paying the price for greed, fraud and dodgy practices in Britain’s £9.4billion motor insurance market – and a whole variety of reasons why premiums are rocketing:
THE biggest reason for the leap in motor insurance bills is a wave of legal claims for “whiplash” – neck pain from being hit from behind.
A report published last week by the House of Commons transport select committee found whiplash claims had jumped by a third since 2008 to 570,000 a year – despite the number accidents falling. Insurers claim this has added £90 to the average policy.
An estimated £2billion a year is paid out in compensation for such claims, but a survey of GPs recently warned that about a quarter of them are “fake or over-diagnosed”.
Insurers often settle out of court because they are hard to disprove.
Simon Douglas, director of AA Insurance, said: “A culture has developed that if another vehicle hits your car, you should make an injury claim. That’s regardless of how serious the injury is, or even if no injury has actually been suffered.”

Read more: http://www.mirror.co.uk/news/top-stories/2012/01/14/horrified-by-the-rise-in-your-latest-car-insurance-premium-you-won-t-be-the-only-one-115875-23698357/#ixzz1jzkwJLPM

Asda worker wins £21k payout after chain spied on her because they didn't believe she'd broken back slipping on an egg

2012-01-02T04:12:00.000-08:00

Grandmother didn't know she had been followed until compensation hearing three years later

‘I felt sick when I saw the footage, it just left me numb'

A supermarket sent a private detective to film one of its workers as she recovered from a serious back injury sustained when she slipped on a broken egg in the store warehouse.

Grandmother Irene Heslop was left with a suspected spinal fracture after falling on to a concrete floor at the Asda store where she had been employed as a bakery assistant for seven years.

Mrs Heslop was left unable to walk long distances or lift heavy equipment following the fall and approached bosses to ask to return to work on lighter duties, but was told no such work was available.

Around the same time, 15 months after the fall, the retail giant twice sent a spy to prove Mrs Heslop, now 65, was fit to work by filming her as she went about her daily chores.

The grandmother-of-two didn’t realise she had been followed until the footage was revealed three years after she was injured at the store in Hulme, Greater Manchester, during a compensation battle which saw her awarded a total of £27,000 for her injuries and loss of earnings.

Read more: http://www.dailymail.co.uk/news/article-2080366/Asda-worker-wins-21k-payout-chain-spied-didnt-believe-shed-broken-slipping-egg.html#ixzz1iInmDciY

Hybrid cars are safer, concludes report

2011-12-27T01:20:00.000-08:00

Hybrid cars have been found to offer a significant safety advantage conventional rivals because of their additional weight helps reduce the severity of crashes, according to a new study from the Highways Loss Data Institute (HLDI).
The US non-profit organisation dedicated to reducing deaths, injuries, found that the odds of being injured in a crash are 25 per cent lower for people in a hybrid car than for people travelling in a non-hybrid models.
"Weight is a big factor," explains Matt Moore, HLDI vice president and an author of the report. "Hybrids on average are 10 per cent heavier than their standard counterparts. This extra mass gives them an advantage in crashes that their conventional twins don’t have."
However the Institute acknowledges that other factors may also be contributing to the safety of hybrid models, such as how, when and by whom hybrids are driven. To maximise the fuel efficiency benefits of a hybrid car, hybrid drivers often adopt a greener driving style-such as looking further ahead to avoid harsh braking-which is known to be a safer style too.
According to the Institute the new findings are good news for green-minded drivers who don’t want to trade safety for fuel economy. Not so long ago, car buyers had to choose between the two because fuel-efficient cars tended to be smaller and lighter. Now, consumers have more options than ever when it comes to picking an environmentally friendly — and crashworthy — vehicle.
"Saving at the pump no longer means you have to skimp on crash protection," Moore says.
In the study, HLDI estimated the odds that a crash would result in injuries if people were riding in a hybrid versus the conventional version of the same vehicle. The analysis included more than 25 hybrid-conventional vehicle pairs, all 2003-2011 models, with at least 1 collision claim and at least 1 related injury claim filed under personal injury protection or medical payment coverage in 2002-10.

Read more - http://www.thegreencarwebsite.co.uk/blog/index.php/2011/11/17/hybrid-cars-are-safer-concludes-report/

Motor market fights back, declare experts

2011-12-20T01:25:00.000-08:00

Ernst & Young has predicted a significant improvement in the motor insurance industry’s 2011 results following analysis of the UK market’s Q3 statements.

According to the accountants, the market suffered losses of more than £5bn across 2009 and 2010, but premium rate increases and a stemming of inflation on non-injury claims could lead to the results improving this year by 20%.
Ernst & Young highlighted that in 2010 a market ratio of nearly 121% was the worst set of results for the industry since 1988.
It added that the price increases of that year and early 2011 were the key driver in the expected 20% improvement along with greater control of claim costs.
Catherine Barton, partner and actuary in the financial services division at Ernst & Young, commented: "Insurers were caught in a perfect storm in 2009 and 2010 - referral fees led to more costs creeping into the system, individuals' awareness of the ability to claim - legitimately or otherwise - led to smaller injury claims spiralling upwards, while at the same time price competition continued unabated.
"The losses were unsustainable - by 2009 the market had either run out of reserves to prop up performance or accepted that there were fundamental problems within the market that needed to be addressed. Insurers have now responded with price rises and more focus on claims cost control, which we believe will see the tide being turned."
Bodily injury costs
However the company also noted that whereas a decade ago bodily injury costs were around a third of total claims cost, they are now rapidly approaching two thirds and that the uncertainty this causes for insurers in anticipating their underlying performance is posing increasing challenges to their business model.
"As injury claims stay open for longer, exposed to the ever-present threats of legislative and economic changes, the ability for insurers to understand their true performance and to price appropriately for it becomes ever more difficult," said Ms Barton.
"We suspect that bodily injury inflation will continue to be a problem, but insurers now appear to be more focused on the risks; they have turned to claims transformation programs to help detect fraud and manage claims, they have taken corrective rating action and also turned their attention to using extra external data to improve their current rating and underwriting methods. As their new programmes bed-in, we expect to see much improved performance in 2011 and 2012."
However Ms Barton warned that increased competition from new entrants and current insurers looking to grow their books of business meant there was no guarantee the improvement in the cycle would be sustained.

Read more: http://www.insuranceage.co.uk/insurance-age/news/2130342/motor-market-fights-declare-experts#ixzz1g1nXtbu2

Ban on referral fees is looming but enforcement could prove tricky

2011-12-14T09:54:00.000-08:00

There is a crucial get-out clause that means referral fees in personal injury claims may continue to be paid in disguise.

I pay a legitimate commission. You pay a shady referral fee. He pays a bribe. Welcome to the fierce debate over the impending ban on referral fees in personal injury claims.

It has only added to the furore over the legal aid, sentencing and punishment of offenders bill, which peers will start dissecting line by line on 20 December. Combined with the Jackson reforms to civil litigation costs in part 2 of the bill, new clauses 54 to 58, introduced in the Commons, will "reduce legal costs and speculative suing, so that businesses, schools and individuals can be less fearful of unnecessary claims encouraged by those looking for profit rather than justice", said the justice secretary, Ken Clarke.

But will it work? Despite pressure from his Labour predecessor, Jack Straw, the government has decided against making the payment or receipt of a referral fee a criminal offence. It recognises the difficulty of defining a referral fee in such a way that ensures less straightforward arrangements are caught and lead to a conviction beyond reasonable doubt.

Read more - http://www.guardian.co.uk/law/2011/dec/06/ban-referral-fees-looming?newsfeed=true

Personal Injury Claims Turn on Medical Evidence

2011-12-07T04:38:00.000-08:00

Medical Evidence is key when determining the value of any personal injury claim. It is imperative that the right medical expert is asked to report on your injuries.

Your solicitor will select the most appropriate medical expert from the relevant discipline (e.g. an orthopaedic expert to assess a fracture, or an opthalmologist to assess an eye injury). The expert should be provided with copies of all your relevant medical records and scans. They will then examine and assess you before preparing a detailed report which can then be used as medical evidence in your case. The value of your claim will be determined by the medical evidence obtained on your behalf.

It is essential that the expert that is instructed in your claim is completely independent. Therefore your treating GP or Consultant will not be able to produce a report for the purposes of your claim.

A medical expert will typically be asked to comment on the following:

- Any relevant pre-existing conditions;

- Details of injuries sustained as a result of the accident; - Details treatment received; - An assessment of the impact of your injuries and ongoing symptoms upon your daily living; - Future prognosis. In cases involving severe, multiple injuries several different experts from varying disciplines are likely to be required to advise. In other cases where there is only one injury, one expert may suffice.Read more - http://www.trethowans.com/news_resources/news/personal_injury_claims_turn_on_medical_evidence_4207/

Christmas time, mistletoe and... personal injury claims?

2011-11-29T01:24:00.000-08:00

Christmas trees

They look lovely all lit up and decorated, but Christmas Trees are the root cause of a number of accidents during the festive season. According to the Royal Society for the Prevention of Accidents, 2007 saw around 1,000 people injured in incidents involving Christmas Trees, including pine-related eye injuries as people reached for presents. Last year, one man even received £35,000 in personal injury compensation from the Czech Supreme Court after he was crushed by a 101ft Christmas Tree in the nation’s capital of Prague.

But it’s not just people suffering at the hands/branches of those pesky firs. Numerous accident claims are made to insurance companies for furniture that has been damaged by a fallen or irresponsibly handled tree.

Read More - http://www.telegraph.co.uk/sponsored/sponsored-features/8899827/Christmas-time-mistletoe-and...-personal-injury-claims.html

Hybrids Have Lower Injury Odds Than Conventional Vehicles

2011-11-22T02:16:00.000-08:00

On average, the odds of being injured in a crash are 25 percent lower for people in hybrids than people traveling in nonhybrid models.

Hybrids have a safety edge over their conventional twins when it comes to shielding their occupants from injuries in crashes, new research by the Highway Loss Data Institute (HLDI), an affiliate of the Insurance Institute for Highway Safety, shows. On average, the odds of being injured in a crash are 25 percent lower for people in hybrids than people traveling in nonhybrid models.

"Weight is a big factor," says Matt Moore, HLDI vice president and an author of the report. "Hybrids on average are 10 percent heavier than their standard counterparts. This extra mass gives them an advantage in crashes that their conventional twins don't have." He notes that other factors, such as how, when, and by whom hybrids are driven, also may contribute. Researchers included controls to reduce the impact these differences may have had on the results.

2011-11-09T03:26:00.001-08:00

Blog Update: Admiral Group shares battered by profit warning http://ow.ly/1fyDC1

2011-11-01T06:28:00.001-07:00

Blog Update: Don't Let Your Bonfire Night Fizzle Into an Insurance Nightmare http://ow.ly/1fqnBw

Don't Let Your Bonfire Night Fizzle Into an Insurance Nightmare

2011-11-01T06:06:00.000-07:00

Ensure your home insurance policy covers personal liability against damage and accidents
Look out for your canine and feline friends too, says MoneySupermarket.com

With households across the country gearing up for this year's Bonfire Night celebrations, MoneySupermarket.com urges people to make sure their home insurance policy includes adequate personal liability protection to insure them for any accidents, as otherwise the evening could go off with a costly bang.

Britain's number one comparison site warns homeowners to check the small print of their home insurance policy for personal liability protection. Most insurers will provide cover for personal liability of £2,000,000, however this does vary across providers.[1] According to statistics from BIS, over 6,600 people are injured in firework accidents each year, with half of these injuries happening to children under 16 [2]. If any accidents occur on your property, you could be liable for a personal injury claim, and not having enough personal liability cover in place, could leave you severely out of pocket.

http://www.injuryclaim-specialist.co.uk
Read More - http://www.marketwatch.com/story/dont-let-your-bonfire-night-fizzle-into-an-insurance-nightmare-2011-11-01

2011-10-27T04:29:00.001-07:00

Blog Update: Council compensation payouts revealed - The injury compensation payouts made by regional councils have ... http://ow.ly/1fleQ5

2011-10-11T06:29:00.001-07:00

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2011-10-05T04:27:00.001-07:00

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2011-09-29T03:26:00.001-07:00

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2011-09-23T05:42:00.001-07:00

Blog Update: 'Culture of injury claims' is on the increase, tour operators warned http://ow.ly/1eNYB8

2011-08-06T09:23:00.001-07:00

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2011-08-01T06:27:00.001-07:00

Blog Update: Man Suffers Personal Injury when Bungee Run Breaks http://ow.ly/1e33c5

2011-07-27T02:22:00.001-07:00

Blog Update: Admiral has 'no plans' to ditch acceptance fees http://ow.ly/1dYWOv

2011-07-18T02:22:00.001-07:00

Blog Update: Council pays out £400k in injury compensation claims http://ow.ly/1dRhcM

Communicating with personal injury clients

2011-04-27T05:55:00.000-07:00

Personal injury clients have completely unrealistic expectations when it comes to communication with their lawyers — and meeting those expectations is a major challenge for most plaintiffs’ personal injury lawyers.
Lack of communication, in both frequency and quality, is probably the most common complaint made by personal injury clients about their lawyers. Most plaintiffs’ personal injury law firms are regularly consulted by accident victims dissatisfied with their lawyers. While the consulted lawyer should encourage the potential client to communicate his or her concerns to the current lawyer, communication itself is almost always the problem.
When it comes to specific communication complaints, personal injury clients usually say either that the lawyer is not communicating often enough or has provided misinformation.
There are some key reasons why personal injury clients demand regular communication with their lawyers. The most obvious reason is that the lives of personal injury clients are in a shambles — they are unable to work, need care and treatment, can’t provide care to their dependents and worry about paying their bills. On top of all of that, the accident victim is in extreme pain and discomfort along with having his or her life scrutinized by the insurance companies involved. Under these circumstances, the personal injury client desperately needs a lawyer who can not only advocate on his or her behalf, but who will also answer questions in a timely and understandable manner.
Another reason why personal injury clients may demand constant communication with their lawyers may stem from the nature of the contingency fee relationship. Personal injury clients are most often charged legal fees on a contingency fee basis, meaning that they are not really being billed by the hour. Accordingly, there is no financial deterrent for personal injury clients to try to engage in communication with their lawyers — by whatever means, whether phone, email, text message or otherwise.
One solution to economically satisfy clients requiring frequent interaction is to set out some basic communication guidelines with the client right from the outset. Having a common understanding of appropriate levels and means of communication will reduce the level of frustration that may otherwise be experienced by both personal injury clients and lawyers. Clients who know they will receive a file update at the end of each month are less likely to call each week.

Judge's anger after three scaffolders make £70,000 injury claim for van crash - at 1 MPH

2011-04-18T05:48:00.000-07:00

Scaffolders tried to claim thousands in compensation after a council van collided with their lorry - at one mile an hour.
Town hall chiefs faced a £70,000 bill following the bump in slow-moving traffic.
The driver, James Stubbs of Bolton, and two passengers in the lorry, Thomas and Gareth Gemmell, claimed they suffered whiplash, and launched personal injury claims for £3,700.
Their bosses also submitted a £6,430 claim for damage to the vehicle and 'loss of use'.

Workmen from S&S Scaffolding Ltd tried to claim thousands in compensation after a council van collided with their lorry at 1mph. The company, from Atherton, near Wigan, had previously done work for the council
The council accepted blame for the collision - but refuted both compensation claims and challenged the £50,000 legal costs.
Now a judge has thrown out the action after hearing from two expert witnesses.
One, an independent engineer, said that the damage sustained by the lorry would have cost no more than £300 to repair.

And an eyewitness said both vehicles were travelling at between one and two miles per hour.
District Judge Shaw ruled at Bolton County Court that no injuries or any significant damage was caused and described the claim for the van's damage and its loss of use as 'wholly wrong'.

Paul McKevitt from Wigan council says local authorities are facing an increasing amount of claims

He also dismissed the legal bill claim of more than £50,000 and ordered that Wigan council did not have to pay the £300 repair bill to the van. The council was awarded £9,332. Council bosses today welcomed the ruling and said local authorities across the country were facing an increasing number of 'grossly exaggerated' claims involving low-speed road traffic collisions.
It was also revealed that the van's owners, S&S Scaffolding Ltd from Atherton, near Wigan, had carried out work on behalf of the council in the past.
The collision took place in Tyldesley, near Wigan, in 2008.
The lorry's driver Mr Stubbs, of Henley Grove, Bolton, and passengers Thomas Gemmell and his son Gareth, of Hinkler Avenue, Bolton, brought the claim alongside the company.
Paul McKevitt from Wigan council said: 'Local authorities across the country are facing an increasing number of claims from people who say they were injured in low-speed impacts but this council is determined to scrutinise all allegations in order to protect public funds.
'It's particularly disappointing, as this company has done work for the council in the past, and grossly exaggerated claims such as this are damaging to trust and future working relationships.
'The facts just didn't stack up and by putting a coherent and persuasive defence before the court we have saved the council tax payers of this borough more than £70,000 of public money.
'We hope this verdict sends a clear message that we will do all we can to protect public money and any claims that appear exaggerated will simply not succeed.'
The company refused to comment. Mr Stubbs and Gareth Gemmell couldn't be reached for comment. Thomas Gemmell declined to comment.

2011-04-06T04:43:00.001-07:00

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Most personal injury claims could be handled online under planned reform

2011-04-06T01:37:00.000-07:00

Nine in ten personal injury claims could be dealt with online, slashing lawyer fees and keeping hundreds of thousands of cases out of the courts, under planned reform unveiled yesterday.

Those seeking up to £50,000 in compensation after being hurt through another’s error will be able to conduct the case via the internet, under the proposals from Kenneth Clarke, the Justice Secretary.

In a separate move, parties will be banned from taking civil cases to the small claims court unless they first try mediation.

The moves are aimed at combating the compensation culture and slashing the huge legal fees charged by lawyers.

Reforms also include a crack down on the “no win no fee” regime which has helped fuel the soaring bills and meant fighting claims has become an “expensive and daunting nightmare”, Mr Clarke said.

The average legal costs in such cases is now the equivalent of 142 per cent of actual damages awarded, compared with 56 per cent in 1999.

Over the same period the value of damages awarded has increased by a third while the value of legal fees has more than trebled.
Mr Clarke yesterday published a series of reforms and proposed changes to cut legal fees, keep more cases out of the courts and better protect those being sued.
He plans to expand an online service that currently deals with road traffic related personal injury claims of less than £10,000.
Court is only used as a last resort if there fails to be a settlement.
The system allows individuals, and or their lawyers, to conduct claims via a website and limits lawyer fees to a maximum of £1,200 or £1,700 if it goes to court.
Mr Clarke is now considering raising the threshold to claims of up to £50,000 and extending it to clinical, employer and public body injury claims.
Officials estimate such a move would cover 90 per cent of all personal injury claims.
In an unrelated move, there are also plans to increase the threshold for compensation in the small claims court from £5,000 to £15,000.

2011-03-28T05:09:00.001-07:00

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