Last updated on January 4th, 2017 at 03:14 pm
Amy Jo Cartwright
Amy Jo’s client, Ms A, was a passenger in a taxi that was involved in a road traffic accident in which another driver (the defendant) hit the taxi. She sustained a neck injury that required attendance at a hospital’s A & E department. Following the accident, Ms A had to carry out light duties only at work.
Defendant insurers refuse to accept compensation claim
Amy contacted the defendant’s insurers, who accepted liability for the accident, but refused to accept that Ms A could have been injured in the accident due to the fact that there was only minor damage to both vehicles involved.
Amy defeats defendant’s claim of fraudulence
Amy issued court proceedings and the case was listed for trial. Despite medical evidence that supported Ms A’s claim, and evidence of the fact that she had to take up light duties at work, the defendant’s representative said that Ms A was in fact making a fraudulent claim.
At trial, the defendant reiterated her claim regarding the fraudulence and asked the judge to agree. However, the court accepted Ms A’s credibility and awarded her £1,100 in compensation.
Compensation apart, this was a very important case for Ms A to win, as, had a fraudulent judgement been passed against her, it would have had far reaching consequences, including affecting her employment and possible criminal sanctions.
No legal help if government personal injury reforms go ahead
The government has reiterated its intention to reform the handling of low value and whiplash personal injury claims: a move that will make if far more difficult for people who are injured in motor accidents, for example, to claim compensation for their injuries.
In its latest announcement, the Ministry of Justice has opened a consultation, which closes on 6th January, on its proposals to:
- Raise the small claims limit for personal injury claims from £1,000 to £5,000, which means that claims of less than £5,000 will be transferred to the Small Claims Court. This would mean that solicitor fees will not be recoverable, so victims will have to deal with their case with no legal help.
- Remove the right to compensation for ‘minor’ soft tissue injuries (includes whiplash), or capping compensation (suggested amount is £400/£425).
- Introduce a set tariff of compensation for more serious soft tissue injuries resulting from road traffic accidents.
If these changes go ahead, our solicitors will not be able to help clients such as Ms A, and, if they were in place now, Amy would not have been able to help Ms A win compensation, prove her honesty and hence maintain her reputation. She would have had to take the case to court herself, with no legal help: a daunting situation that most people would simply not contemplate.
We think that these changes are unfair and will restrict people’s right to proper redress if they have an accident or injury that is not their fault.
If you feel that the government’s proposed changes are unfair and that victims of accidents and injury should be able to claim compensation and obtain legal advice, and you would like to voice your opinion, please sign the petition here https://petition.parliament.uk/petitions/173099. The petition is open until 23 May 2017.
