Radical reforms which slashed compensation for whiplash injuries have proven to be unfair and unpopular, new polling reveals four years on.
“The typical person suffering a whiplash injury receives only £750 in compensation today. That is for up to two years of suffering, with 9 out of 10 people saying they are unable to live their normal lives and go about their day-to-day activities. That’s not justice,” said Mike Benner, chief executive of the Association of Personal Injury Lawyers (APIL) which commissioned the research.
The Government is carrying out a post-implementation review of the 2021 reforms.
APIL’s polling found that only five per cent of the public thinks that compensation of less than £1,000 for the types of injuries affected by the reforms is fair.
“At the time of the changes passing through Parliament, insurers callously made out that whiplash was not deserving of proper compensation. The evidence begs to differ,” said Mr Benner.
“The reforms to whiplash claims have had a devastating impact on access to justice for injured victims of negligence and failed to reduce the cost of motor premiums as the public were promised they would. It’s been a lose-lose result all round,” he went on.
“Remember, these are victims of other people’s negligent driving. Compensating them is the core point of having compulsory car insurance,” he said.
One of the aims of the reforms, which were a result of the Civil Liability Act 2018, was to disincentivise fraudulent claims.
“There has been barely any impact at all on the proportion of fraudulent claims, but it was always, and remains, extremely low. The reduction has instead been to the number of genuine claims from those who have been injured and should be entitled to compensation. Injury claims were the wrong target,” Mr Benner explained.
“Now some insurers are trying to extend these disastrous reforms to other types of injuries. If this Government were to be serious about reducing premiums for motorists it should look at repair and hire costs, as was always the case,” he said.