Should Car Crash Injury Claims be Overhauled?

Yet more personal injury industry sceptics have emerged this week, with the Association of British Insurers being of the opinion that lawyers make injury claims too expensive

Nick Starling, the ABI's Director of General Insurance & Health, told Sky News that he is concerned that drivers are bearing the brunt of the costs accumulated in injury cases. He says that, since 10% of the value of each claim being absorbed by lawyers, then the system is too expensive.

His comments have been criticised by the Association of Personal Injury Lawyers, who point out that a review of road traffic accident injury claims is already underway.

"The new scheme has been designed to make this specific type of claim more efficient.

"It will apply to all straightforward road traffic cases up to a value of 10,000, which will actually account for 75 per cent of all Personal Injury cases, according to the Government," he said.

"It will be interesting to see how insurance premiums will be affected in a year's time."

'Injury claimants should not bear the burden of others' negligence'

APIL stressed that their overriding consideration is that drivers injured by negligent motorists should not have to shoulder the burden of others' carelessness.

Some observers think that the unnecessary or trivial claims are clogging up the legal system and driving up costs. Perhaps they are right about the latter point, but the fact is that anyone injured in a car crash that was not their fault is entitled to seek some form of redress for it.

It is easy to criticise, and until the doubters have experienced what it actually feels like to be laid up with a so-called 'trivial' injury, in extreme pain and unable to move, they will probably continue to do so.

Of course there will be those claims that are literally trivial are fraudulent, but they will be weeded out almost before they've begun. after all, why would a lawyer want to fight a case that he is going to lose. It is not a widespread problem: rather it seems to be a product of the usual broad-brush approach to dismissing the PI industry.

It cannot be doubted that if the amount of time taken to settle injury claims was reduced, then accident victims would receive a better service. Lord Justice Jackson was the man charged with lightening the industry, and there will be many representatives pleased by his suggestions.

Comments? Questions? Email Here

© HowtoAdvice.com