Public opinion is not supportive of the whiplash reforms, fresh polling commissioned by APIL reveals.
“Only a tiny fraction of the public, just five per cent, think the compensation offered for whiplash injuries under the tariff is fair,” said APIL chief executive Mike Benner, as the association finalises its evidence to the Ministry of Justice’s post-implementation review of the radical 2021 reforms.
“The evidence lays bare the categorical failings of the reforms, challenges their basis, and uncovers serious flaws with the system,” he said.
APIL commissioned Opinium to ask members of the public a series of questions about road traffic injuries caused by someone else and which affect the injured person for up to two years.
“The rhetoric at the time of the Civil Liability Act’s passage was that ‘low value’ injuries like whiplash are minor or trivial, and undeserving of compensation. This new polling shows there is overwhelming public support for compensating these types of injuries,” said Mike.
Of the people polled who had suffered whiplash injuries, 90 per cent said they had struggled day-to-day, or could not carry out their usual activities without help. 43 per cent had to take sick leave or reduce their hours at work.
“Motor insurers are now lobbying to extend the tariff to further types of injury. The public must not be cheated again,” he said.
“The reforms have had a devastating impact on access to justice for injured victims of negligence and have failed to reduce the cost of motor premiums. We made this clear at the time. Injured people were always the wrong target,” Mike went on.
“If the Government is serious about reducing costs to policyholders there must be a review of repair and hire costs,” he said. “The work proposed by the Motor Insurance Taskforce on repair and hire costs should be monitored to ensure that it tackles the excessive costs in these areas.
“Any further reform to the PI sector would be unwarranted, misinformed, and would exacerbate the existing unfairness for injured people since 2021,” he said.