AJAG Press Release: Justice campaigners warn against whiplash legislation
Responding to today's Transport Select Committee report, on curbing the dysfunctional insurance system, the Access to Justice Access Group (AJAG) warns that curbs on redress for whiplash would reduce the ability of legitimate claimants to get compensation they deserve.
Andrew Dismore, AJAG co-ordinator says:
“We have grave concerns about the suggestion Parliament should be legislating on whiplash. Any new evidence about whiplash should be dealt with in the same way that issues over asbestosis and other occupational diseases have been resolved over the years: through test cases in court, with expert evidence and witnesses subjected to cross-examination by both sides. The committee strongly supports access to justice; they should not suggest legislation which will destroy it for worthy claimant.”
AJAG has grave concerns over the committee’s suggestion that Government should legislate to bring down the number of personal injury claims. Whiplash is a real and painful condition. Under our legal system, in every case it is for the claimant to prove the injury and loss, not for the defendant or his insurer to disprove it. If the claimant cannot prove on the balance of probabilities he has the injury, then he does not win the case. Medical evidence, mainly from America, casts doubt on whiplash, especially in accidents that happen at low speeds. However, new evidence from Australia suggests that it is possible to prove whether or not someone has whiplash.
But none of the evidence has been forensically tested in court. If legislation attempts to rule that whiplash can only happen when vehicles are going above a certain speed, this will only result in more court cases arguing about the speed of the vehicle at the time of the accident.
Article by AJAG: http://www.accesstojusticeactiongroup.co.uk/home/latest-news/ajag-press-release-justice-campaigners-warn-against-whiplash-legislation
