Is this the end of unwanted texts from PPI firms? Two men face £250,000 fine for sending millions of messages

The Information Commission is trying to bring an end to the modern plague of unwanted messages

ICO wants victims to contact them so they can fine those responsible for the stream of calls

The end of unwanted calls and texts from marketing firms could be in sight after two men responsible for millions of spam texts to mobile phone users were told they face a £250,000 fine.
The case, the first of its kind, is part of a wider crackdown by watchdogs on marketing texts and recorded message calls sent at random and without permission.
Tens of thousands of people have complained about being subjected to a constant stream of nuisance texts, often from claims firms promising to pursue personal injury claims or payment protection insurance refunds.


Read more: http://www.dailymail.co.uk/news/article-2211214/Is-end-unwanted-texts-PPI-firms-Two-men-face-250-000-fine-sending-millions-messages.html#ixzz28o9zyj46

The 10 weirdest personal injury claims

Ever wondered what kind of accidents are classified as being a personal injury? Here we reveal the top 10 strangest claims made in the past year.

Personal injury claims have hit the headlines repeatedly in the past year, as a record number of false claims have pushed up insurance costs for everyone.

However, among the lies, there are still many genuine claims made, so how can you tell the difference?

We’ve all seen the ‘have you had an accident?’ adverts on TV and I’ve always assumed most claims are for generic accidents like slipping on water at work or straining your back lifting something heavy.

However, injury firm Edwards Hoyle has released 10 of the strangest claims it’s dealt with in the last 12 months and, I have to say, they're pretty bizarre.

Although these are no laughing matter, as a naturally clumsy person in life, it comforts me to see that I'm not the only unlucky one, and the list makes for some interesting reading.

Top 10 weirdest personal injury claims

1) An elderly gentleman was injured when his mobility scooter spontaneously combusted and he had to be dragged free from the flames by witnesses to the event.
2) A woman in the hot tub of her local gym sustained an injury after she was ‘sucked’ into the filter, injuring her back.
3) A man on a scooter was driving out of his local car park, when the barrier ahead of him lowered without warning; knocking him off his scooter whilst the scooter continued to drive forward.

Read more - http://money.uk.msn.com/insurance/the-10-weirdest-personal-injury-claims

Preserving the essence of personal injury

The personal injury claims industry has come under extreme criticism in recent years, with the Prime Minister calling for significant change to the way lower value claims are processed. In particular, whiplash claims have been blamed for the widespread increase in vehicle insurance premiums.

The term ‘no win no fee’ has developed fairly negative connotations both inside and outside the legal profession. However, it’s important to note that the ethics behind such legal services are all about improving access to justice. If ‘no win no fee’ was taken away, the only people able to access the justice system would be people who can afford to fund litigation, or those with the appropriate legal insurance cover.

At the less reputable end of the legal industry, the tactics used to entice consumers to bring a claim, and the prevalence of in-your-face TV advertising, have contributed to the growing criticism of ‘no win no fee’ practitioners. It has also become more difficult for consumers to identify qualified practitioners that are genuinely on their side in seeking fair compensation for an injustice – nothing more and nothing less.

Read More - http://blogs.independent.co.uk/2012/05/31/preserving-the-essence-of-personal-injury/

Thousands of state workers hurt on the job every year

Sgt. Brian Simpson slipped and fell while trying to stop a prison inmate’s assault on a fellow corrections officer last year, fracturing a bone in his knee when he landed hard.

A patient attacked Oregon State Hospital therapist Brant Johnson, raking him with a sharp thumbnail and leaving a deep scratch down his face and chest that became badly infected.

A jack slipped and a trailer fell on Department of Transportation responder Leland Erickson in 2003, breaking his sternum as he helped change a tire along a busy highway.

It’s easy for the public to think of state workers as pencil-pushing bureaucrats, but thousands are injured every year while performing high-risk jobs full of physical labor or potential confrontation.

Read More - http://www.statesmanjournal.com/article/20120513/STATE/305130039/Thousands-state-workers-hurt-job-every-year?odyssey=tab%7Ctopnews%7Ctext%7CNews

Five Questions About: Car insurance premiums

Why is car insurance so expensive?

Insurers have been losing money on car insurance. They blame fraud and exaggerated personal injury claims, and say whopping premiums reflect the increased risks they face.
Should I shop around?
Yes – drivers save an average of £375 by shopping around for the best deal rather than sticking with the same insurer. Don't worry about your no claims discount – you take it with you.
Should I change my car?
Some things you can't change – your age being one of the most important in insurance terms – but if your car falls into one of the lower groups insurers use to help set their prices, your premium will fall. Check the details at Thatcham.org.
What other practical steps I can take?
You can get discounts for fitting Thatcham-approved security devices such as an immobiliser and alarm. Cut your mileage, don't make any modifications (such as extra lights and spoilers), buy your policy online and pay the premium upfront rather than fork out interest on monthly instalments.

Read more - http://www.independent.co.uk/money/insurance/five-questions-about-car-insurance-premiums-7643896.html

Asbestos victims denied compensation

Hundreds of asbestosis sufferers across Britain are dying without proper compensation due to government inaction, a group of lawyers claimed today.

Figures obtained by not-for-profit campaign group Association of Personal Injury Lawyers (APIL) show that mesothelioma, a deadly asbestos-related lung cancer, was recorded as the underlying cause of 177 deaths in Scotland in 2010 compared with 149 deaths in 2006 and 140 in 2007.
Many workers who develop the fatal disease are unable to pursue claims for damages because they can no longer trace the employers who exposed them to asbestos or the employers' insurance companies.
The onset of symptoms often comes decades after a worker has inhaled asbestos fibres, during which time employers go out of business and insurance documents can be lost or destroyed.
In 2010 the government pledged to establish a "fund of last resort" which would act as a safety net for those unable to obtain compensation as a result.

Read More - http://www.morningstaronline.co.uk/news/content/view/full/116329

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

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'

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

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

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.

Read More - http://www.iol.co.za/motoring/industry-news/whiplash-injuries-can-be-avoided-iam-1.1225101

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

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

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

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

Motor market fights back, declare experts

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

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

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?

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