Whiplash claims now make up about 70 per cent of all motor accident personal injury claims.
Whiplash injuries are caused by the neck and head being thrown suddenly backward then forward during the accident.
The neck and head are forced beyond their normal range of movement and this results in damage to soft tissue and pain.
Most people make a full recovery from this type of injury and, where neck and back symptoms last perhaps three to six months, courts will award damages of between £1,500 and £3,000.
Because whiplash does not involve broken bones, there are few objective signs of injury.
At the moment, claims for whiplash injuries are under fire from the Westminster government and the insurance industry because there is clear temptation for exaggeration of symptoms by claimants.
The House of Commons Transport Select Committee heard evidence in 2011 that the insurance industry loses £2.1 billion per annum to fraudulent claims, whether by “cash for crash” staged accidents or invented symptoms. The industry would have us believe that honest citizens are footing the bill for a system milked by unscrupulous claimants.
The number of personal injury claims in Scotland is in fact low compared to England.
Given the relative populations of the two countries, you would expect there to be about one tenth (10%) of the number of claims in Scotland that there are in England. The records of the Compensation Recovery Unit operated by the Department for Work and Pensions show that the figure is in fact about one twenty-fifth (4%). The Transport Select Committee report “The Cost of Motor Insurance” noted that countries which do not have a whiplash “problem” include France, Germany, Spain – and Scotland.
The increasing trend these days is for road traffic claims to be handled remotely.
The solicitor’s office dealing with the claim may be hundreds of miles from where the client lives. These are often firms doing high volumes of such cases, using low grade fee earners. If you live in Moray and, especially, if your accident happened in Moray, there is arguably an advantage to you in being able to use a local solicitor with the necessary expertise who can meet with you face to face and is readily available to answer your questions.
Most cases can be settled without there having to be a court action but there is always the possibility that litigation might be required.
In that event, where the court in question is Elgin Sheriff Court, from a tactical point of view, there is an advantage in having a local expert solicitor. They will know the court well and, for them, it is conveniently placed. This is much better for you than having someone who will not be so familiar with the court and will have to travel a distance for any court hearings – and perhaps be less willing to do so, as a result.
How we can help
If you have any questions about this article or any aspect of our personal injury claims services, please get in touch. We are always glad to answer questions. You can contact Peter or Marie via 01343 544077 or by sending us a Free Online Enquiry.
