09 Mar The dark side of the Whiplash Reforms
On 31st May 2021, the long awaited Whiplash Reforms come into effect. These have been designed with the good intention of reducing the number and cost of RTA related whiplash claims.
As the name suggest, the idea is to reduce the amount of whiplash claims that are made following an RTA. They are even reducing the value of such a claim so that it falls below £5000 and as such, the claim can, in theory, be pursued without legal representation.
Despite the good intentions, could there be a dark cloud gathering?
Is there a danger that claims farming will become more prevalent with the intention of convincing someone to pursue claims for back, elbow, chest and knee pain? Such soft tissue ‘injuries’ are non detectable on scans so are hard to argue against. Psychological claims (anxiety, PTSD etc.) may also increase, again with the intention of increasing the general damage aspect of the claim to over £5000 and thus incurring legal costs.
Another danger is an increase in the special damage aspect of a claim. Claims for recovery, storage, hire, care and rehabilitation may well rise in order to maximise general damages.
All is not lost. RGI are here to help. With over 30 years of experience investigating recovery, storage and hire companies, we can help you scrutinise these aspects of the claim.
We have over 130 field agents nationwide and are well placed to visit recovery, storage and hire companies to validate the invoices that have been provided. Our team of intel experts will also leave no stone unturned whilst researching each of these companies.
With storage companies we can visit their office, their storage yards, take photographs and even obtain statements from a senior staff member and will conclude if the storage is genuine or not.
For hire invoices, we can visit the company, ask to view the original documents, explore their hire fleet, trading address, advertising material and secure a CPR compliant statement about their dealings with the claimant and their vehicle.
Credit hire documentation can also be scrutinised for forgeries.
We can also tell you if the claimant has the hire car in their possession or if they have other vehicles available to them and as such, do not require a hire car in the first place.
So, in conclusion, after 31st May 2021, we may operate in a new legal world and some claims may well be inflated to include other special damages but as always, RGI are on hand to assist.
07791 959 777