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17 July 2013
Issue: 7569 / Categories: Legal News
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AXA pushes for whiplash reform

PI lawyer calls into question insurance company’s appeal for MRI scans to diagnose whiplash

Insurance giant AXA has called for mandatory MRI scans in all whiplash claims and a time limit on the appearance of symptoms.

AXA’s whiplash report, launched this week at a roundtable co-hosted by Jack Straw MP and AXA claims director and author of the report, Chris Voller, analyses the factors behind claims volumes and insurance costs across several countries.

Voller recommended adoption of the French system’s requirement for objective proof such as an X-ray or an MRI scan, and noted that French insurance premiums are on average €410 (£356), compared to €681 (£592) in the UK.

He called for the introduction of time limits for the onset of symptoms, as happens in the Swedish system, where symptoms that appear more than 72 hours after the incident are generally rejected. The average premium in Sweden is €369 (£321).

Voller said these two measures “demonstrate several elements which could be adopted by the UK and that we believe would make a significant difference to the cost of premiums”.

However, claimant personal injury lawyer Phil Waters, of Camps Solicitors, says: “The insurance industry continually issues figures about how much whiplash claims allegedly add onto motor insurance policies every year.

“However no one appears to be questioning the numbers, and these numbers are nine years old and somewhat out of date. The reality is that, according to official government figures, the number of whiplash claims has fallen to a five year low, with 60,000 fewer claims last year.

“AXA’s report claims that MRI scans and x-rays will help diagnose whiplash. However Dr Andre Brittain-Dissont’s evidence to the Transport Select Committee asserted that MRI scans and x-rays would only show broken bones and would not show stretched or torn muscle, a key sign of whiplash.”

Waters said he would prefer that all accident claimants have an independent medical check to avoid insurers making pre-medical offers. He said the Law Society gave evidence to the Transport Select Committee that the difference between a first insurance company offer and a legally represented compensation offer was on average 247% in favour of the accident victim.

Issue: 7569 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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