Re: Spring 2014 | Page 64

Claims, Claims, Claims In our last edition of Re: Magazine Michael Mulcare’s article on Exaggerated Claims pointed out the dangers to Claimants of feigning symptoms in order to try and persuade Courts to award more compensation than was truly deserved. Such behaviour on the part of Claimants feeds into the media publicity that would like to influence us all to believe that people who claim are nothing but charlatans and scroungers, inflating our insurance premiums for no good reason. The latest attack on Claimants, instigated by Jack Straw but taken on by the current Government, is an argument to the effect that most if not all whiplash injury claims are spurious. The truth is some are, some aren’t. In my former life as a full time Lawyer, before taking on my current managerial role, I spent my time litigating, and much of my work was helping Claimants pursue claims where they had been injured through no fault of their own, and often had lifelong disabilities as a result. Very occasionally, I came across someone where I doubted their story, and felt they were stretching the truth regarding their injuries, but in the vast majority of cases, their lives had been significantly and adversely affected, sometimes with life changing results. In a country where the only way those people could make good their losses was to make a claim against another party’s insurers, and prove that the other party was at fault, what choice did those people have? The stark choice was either for them to face a lengthy period of poverty, pain and distress, or instead to try and get an insurer to take an interest in putting things right (in so far as money can ever do so). None of us could afford to ignore the possibility of claiming in these circumstances. Ah yes, I hear you say, that’s all very well for the genuine cases which are pursued, but what about all those that are manufactured as a result of the daytime TV ads, text messages offering swift returns, and general increase in numbers looking to claim. Well, despite the rhetoric that is incessantly trotted out by gullible media briefed by some parts of the insurance industry, claims are not actually on the increase. The last major study on this, conducted in 2006, concluded that there had been no increase in personal injury claims since 2000, based upon the Government’s own figures, and they are absolutely accurate, because all injury claims have to be reported to the DWP.