Insurers proposing further cap on compensation
The Whiplash Injury Regulations 2021 brought in tariffs for “whiplash” injuries and a new portal for handling low-value claims which has resulted in a significant fall in the number of claims being made.
No Legal costs are allowed under the scheme and so many injured victims have to navigate the new portal themselves which most likely explains the significant drop in claims being made.
In addition, there remains uncertainty about how to deal with mixed claims – where the victims suffer a whiplash injury and a separate, non-tariff, injury e.g. a knee injury or a psychiatric injury. The way to compensate these claims is currently the subject of a Supreme Court case where a ruling is expected later this year.
Despite this uncertainty Insurers are seeking to introduce further changes and among the proposals are new caps on damages for injuries beyond whiplash already subject to a tariff. Insurers now want a similar system for other physical injuries. For example; bruised knees and sprained ankles, where the level of compensation would be pre-determined and based on how long injuries last and not take into account the impact on the life and work of the injured individual.
The proposals have been met with scepticism by those acting on behalf of claimants.
Matthew Maxwell Scott, executive director of the claimant-facing Association of Consumer Support Organisations, said it was “premature to be hatching more plans’ when so many issues were still not resolved from the whiplash reforms.”
Our team at Gotelee specialise in dealing with personal injury claims. Tijana Bencedic comments that “the proposals are yet a further attempt by insurers to limit compensation paid to innocent victims of accidents and to restrict their access to proper legal representation and advice”.
If you have been injured in an accident, we can advise you on a “no win no fee” basis and help you get access to rehabilitation and compensation.
Please contact us on 01473 298134 or enquiries@gotelee.co.uk for a free initial chat.
