The proposed changes to personal injury claims

The government proposes 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 and solicitor fees will not be recoverable – leaving some injured people with no legal help or support, and
• Remove the right to compensation for ‘minor’ soft tissue injuries (includes whiplash)

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.  We have helped hundreds of clients who have been injured through no fault of their own to win compensation of £5,000 or less for their injuries.

What will claimants be able to do?

If these changes come into place, people whose claims look like they are not valued at over £5,000 or whose claims are for soft tissue injuries will not be able to ask a solicitor to use their skill, knowledge and experience to help them gain redress.  They will have to:

• Pursue the case through the courts themselves and will very likely be up against the dependant’s solicitors – defendants are usually represented in court by lawyers paid for by their insurers.
• Pay for their own legal representation – and not be able to reclaim it from the defendant,
• Abandon the case altogether

Why is the government doing this?

The government says that car insurance premiums are too high and this measure will bring them down.  It says that whiplash claims cost the country £2 billion a year, which equates to £90 on each motor insurance policy.  It says that the measures will reduce each motor insurance policy by £40 – £50 and that this saving will be passed on to the motorist by insurance companies.

The Association of Personal Injury Lawyers, APIL, disputes the figures and sets out its reasons, along with information on the proposed changes and why they should not be made in its February 2016 briefing – government-proposals-to-reform-low-value-personal-injury-claims.

What can you do about it?

Graysons is lobbying for the removal of these proposals; contacting MPs and working with organisations such as APIL.  We are also publicising information about some cases where we have been successful in winning compensation for people who have suffered through no fault of their own, but where, if the proposals had been in place, we would not have been able to assist.  You can read some of the stories below.

Compensation for woman in car accident in Dinnington

Compensation for fall as landlord fails to maintain stairs

Woman injured as taxi drives off with her still in it

If, like us, 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.

Graysons will continue to help victims of personal injury claims wherever possible so please do contact our specialist team now if you need help.

You can find out more about claiming compensation for accidents and injuries on our web pages