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Government fails to ban pre-medical whiplash settlements

The government has decided against an outright ban on insurance companies offering to settle whiplash claims without medical evidence, despite justice secretary Chris Grayling previously pledging to “end the practice”.

In October, Mr Grayling announced he was “going after whiplash fraudsters”, and said the plans would help hard-working families by putting an end to high insurance premiums.

However, justice minister Lord Faulks revealed that while the government would continue to discourage pre-medical settlements, it had proved impossible to find a legal way of banning them.

Instead, it will introduce panels of experts to assess the validity of whiplash claims, and has lowered the amount medical professionals can charge for assessments from £700 to £180 in a bid to make them more accessible.

Defendants will also now be permitted to speak to the medical expert in person, and any professional producing a medical report for a claimant will not be allowed to treat them.

RTA solicitors have reacted with disappointment to the news, with Motor Accidents Solicitors Society (MASS) chair Craig Budsworth telling the Law Gazette that the system remained too heavily weighted in favour of insurers.

How does this affect whiplash victims?

The issue of whiplash claims has been in the headlines for many months, particularly since Mr Grayling’s comments last year.

It is certainly crucial to ensure people who attempt to make fraudulent whiplash claims are unsuccessful, but it is equally important that any measures to do this do not deter genuine victims from coming forward.

If you have suffered whiplash in a road accident that was someone else’s fault, Croftons Solicitors will work hard on your behalf to ensure you receive the compensation and medical care you need. We will ensure your case is supported with medical evidence from an experienced professional, which will greatly increase your chances of a successful claim.

To find out more, call our team on 0800 2800 094 today.

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