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15 November 2012
Issue: 7538 / Categories: Legal News
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Whiplash truth & lies

Many whiplash sufferers do not claim compensation

Nearly 40% of whiplash sufferers do not claim compensation, according to a report by the Association of Personal Injury Lawyers (APIL).

Of 4,000 people surveyed by APIL, one per cent (51 people) had suffered a whiplash injury in the past year, and 522 people had suffered whiplash at some point in their life.

Of those 522 people, only 321 (more than 60%) had made a claim for their injury.

According to APIL, whiplash claims have fallen by 24,000 in the last year. It says one in five sufferers have symptoms for more than one year, 30% of claims are encouraged by insurers, and 90% of sufferers are diagnosed by a medical professional.

APIL is calling for “free and prompt exchange of information” between the RTA claims portal and the Insurance Fraud Bureau to help identify fraudulent activity at the earliest opportunity, and for whiplash claimants or their solicitors to sign a “statement of truth” and be prosecuted for fraud if they breach it.

It also wants insurers banned from making offers of compensation before a medical report has been seen, and “robust enforcement” of the imminent ban on the sale of claimants’ personal details by the defendant’s insurers.

Launching the paper, The Whiplash Report 2012, at the House of Commons last week, APIL president Karl Tonks told MPs: “The people who suffer these injuries are genuine.”

Issue: 7538 / Categories: Legal News
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MOVERS & SHAKERS

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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