Insurance giant Axa has proposed that whiplash claims should be made within three days of the alleged accident and include evidence of physical injury if they are to succeed
These proposed changes form part of a wishlist for the government to adopt on whiplash, copying models already in place in France and Sweden where research suggests the reforms would significantly reduce the number of exaggerated or fraudulent claims.
The report recommends that whiplash injuries should not be recognised until doctors can see evidence of the injury, such as an MRI scan or x-ray. In France and Sweden, where the system is already in place – the average cost of an insurance premium is significantly less than in the UK. In these countries, insurers generally reject cases where symptoms appear more than 72 hours after the accident.
At Lampkin & Co we do have concerns about these proposals as we’ve dealt with whiplash cases in the past where complicated injuries have taken some time to fully develop.
Other proposals have been made, including raising the small-claims track limit to £10,000 and more vigilant policing of recent reforms such as the referral fee ban.
Full details can be found in this article in the Law Gazette.