Electoral whiplash

Politicians offered little hope for claimant lawyers on whiplash reform in their manifestos.

The Conservative manifesto pledged to ‘reduce insurance costs for ordinary motorists by cracking down on fraudulent and exaggerated whiplash claims’. The government’s Prisons and Courts Bill, which was dropped owing to lack of Parliamentary time after the election was called, could therefore be revived. It banned insurers from making offers to settle whiplash claims without medical evidence, introduced tariffs for whiplash injuries lasting between 0 to 24 months, and raised the threshold for personal injury claims in the small claims court from £1,000 to £5,000.

Both the Liberal Democrats and Plaid Cymru support the Conservative’s measures, with the exception of Lib Dem opposition to the small claims limit. Lord Marks, Lib Dem justice spokesperson, told NLJ: ‘We think the raising of the small claims limit to £5,000 is too widely drawn. It should not cover damages for injury sustained otherwise than in road traffic accidents, for example, employer’s negligence or breach of statutory duty, claims against local authorities or occupiers, nuisance claims or assault claims.’

Labour’s manifesto did not mention the issue.

However, UKIP justice spokesman Peter Jewell said: ‘Unlike the Tories, UKIP are not going to pander to powerful lobbying by insurers to make life impossible for claimants.

‘We will reintroduce means tested legal aid for personal injury claimants and wholly disagree with the proposals. They would render most personal injury claims (which can involve considerable pain and suffering for the claimant) impracticable for most claimants as most claims of this nature are between £1,000–£5,000 in value and the insurers are aware of this.’