Raising the small claims limit for road traffic accident claims will encourage not reduce fraud08 March 2013
It will reduce the numbers of genuine whiplash and road accident claims
There is little prospect that an increase in the small claims limit will reduce the number of fraudulent claims, Thompsons says.
In its response to the government consultation 'Reducing the number and cost of whiplash claims' the firm says that far from putting off someone intent on pursuing a fraudulent claim, the prospect of having to use the small claims tract will provide “further incentive to pursue the claim because they will be running a lesser risk in that they won’t have to pay costs if they fail to satisfy the court of the claim.”
Tom Jones, head of policy and public affairs said: “What this proposal does is provide insurers with an incentive to allege fraud without foundation in order to stop genuine claims – they will be able to do so with impunity against unrepresented claimants. Deciding if there has been fraud should be for the courts based on the evidence provided by insurers, not for the insurers to allege without evidence.
“The proposals in this consultation will reduce the numbers of genuine whiplash and road traffic accident personal injury claims as people injured through no fault of their own choose not to represent themselves, or decide they will lose such a significant proportion of their damages as to make pursuing a claim not worth while.
“These proposals are being driven by insurers and hit entirely the wrong target. They impact on genuine claimants while doing nothing to tackle the actual problem.”
Injured on the roads? Help and compensation is close at hand.
If you’ve been injured on the roads in the last three years, Thompsons Solicitors' expert road traffic accident solicitors can support you with making a road traffic compensation claim.
Whether you were the driver or passenger in a car, lorry, coach, van, bus, truck, on public transport or were injured as a pedestrian or cyclist, you may be able to claim for damages.
If you have suffered injuries such as whiplash, bruising or a more serious injury following a road traffic collision on the motorway, country lane or city roads, our solicitors across the UK are ready to help you to make a claim and access any rehabilitation you require.
Unlike other firms, Thompsons only ever acts for the injured person – never for insurance companies. This means we will fight harder to secure the maximum level of compensation for your injuries, and don’t need to please motor insurance paymasters.
Contact us today for a free, no obligation assessment of whether you have a claim for compensation following a road accident.
For further information, visit our How to Make A Compensation Claim page.