It has been reported that The Association of Personal Injury Lawyers has told the government about the difficulties faced by claimants' solicitors when advising their clients on the “tokenistic tariff amount” they will receive for their whiplash injuries.
APIL has also accused insurers of taking advantage of the current court backlogs by making low offers in the hope that these are accepted, in essence providing the claimant with some cash in the hand rather than waiting up to a year to receive any compensation.
APIL has always remained of the view that the tariff approach is “unsuitable, unfair, and offensive to injured people”.
Whilst the tariff itself deals with the duration of the injury it does not deal with how the injury has affected the individual and does not deal with any restrictions on daily life.
APIL has highlighted the challenges faced by claimant's solicitors when having to explain to claimants that the effect of their injury is in reality of no consequence and that any compensation received may be identical to that of any other claimant who has suffered a whiplash injury of that particular duration.
APIL has commented that insurers more often employ tactics to make these cases as uneconomical as possible for the claimant, and often challenges to the initial medical report are made coupled with low offers.
Insurers are due to report to the Financial Conduct Authority by the end of May on the savings they have made as a result of the reforms in 2021 and how they have affected premiums, watch this space…..
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Here at Box Legal, our cost-effective ATE solution for personal injury claims following an RTA occurring after 21st May 2021 takes into account the current whiplash tariff awards, which continue to support RTA claims being run on a CFA basis by covering the cost of all disbursements and any adverse costs in failed cases.
For more information please contact us by emailing info@boxlegal.co.uk or calling 0870 766 9997