Whiplash compensation claims have received a lot of criticism in the press. Everything from the price of insurance to NHS waiting times seem to be heavily influenced by this “scourge” on British society.
One example are the 2011 allegations that 92% of 250 polled GPs said that they believed the injuries they were investigation were being exaggerated by the patient with whiplash injuries at the top of the list of most exaggerated.
This sounds unbelievable as you would expect that if something was being so blatantly abused then insurance companies would have done something to stop it. The problem with people that are claiming compensation for whiplash, is that the amounts being claimed for are less than the insurer mounting an investigation. Which cases should they investigate? Investigating them all would very likely cost them more money than simply paying every claim.
Surveillance and getting the claimant on video performing actions and activities they stated they could no longer perform, are a sure-fire way of ending a claim. Mounting surveillance on every whiplash compensation claim is a logistical nightmare and simply impractical which is why the problem has not been tackled so far.
However, dishonest claimants should not take comfort from this imbalance. Insurers do investigate thousands of claims each year and if you are caught exaggerating your injuries or simply making them up – you could be facing a bill for your own solicitor’s legal fees, the fees of the third party’s solicitors as well as court costs.
Failing to successfully commit insurance fraud can be more costly than you think. A family from Manchester tried all tried claiming whiplash injuries after a coach accident. Insurance investigators caught the fraud and the family were charged £73,000 by the lawyers and courts for the lengthy court battle which they had instigated under false pretences. Perjury charges were also brought for lying in court.
Another case cost the claimant’s side £40,000 after a judge dismissed the possibility that the man claiming for whiplash had received severe whiplash from a car accident that took place at 2 to 3 miles per hour.
If you are going to commit insurance fraud then at least make it plausible. But hopefully from these two examples you’ve accepted that you shouldn’t try in the first place.
