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Jean-Yves Gilg

Editor, Solicitors Journal

40 per cent of whiplash victims 'do not claim compensation'

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40 per cent of whiplash victims 'do not claim compensation'

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Insurers behind more claims than lawyers, APIL survey finds

Almost 40 per cent of whiplash victims do not claim compensation, a survey of 4,000 people by APIL has found.

The survey, carried out over the summer, also revealed that insurers were responsible for more claims than lawyers, encouraging 28.5 per cent of claims as opposed to 21 per cent generated by lawyers.

Deborah Evans, chief executive of APIL, said in her introduction to the report: “A lot has been said about whiplash during recent years, much of which has been the subject of hyperbole, occasionally bordering on hysteria.

“Some would have us believe that compensation claims for whiplash injuries are the scourge of all those who have to pay car insurance premiums. Some people could be forgiven for thinking that anyone who makes a claim following a whiplash injury is perpetrating a fraud.

“It is impossible to conduct rational debate in such a febrile atmosphere and yet rational debate on this subject, based on independent evidence, is long overdue.”

The survey showed that around one in 100 people suffered a whiplash injury last year and the total number of claims fell from 571,111 to 547,405.

The report pointed out that the UK has the most crowded roads in Europe, and nearly 90 per cent of whiplash victims had their injury diagnosed by a medical professional. It found that one in five suffered symptoms for more than a year.

Most victims, 32.5 per cent, decided to pursue a claim themselves, but 28.5 per cent were persuaded by their insurance company.

Lawyers were responsible for 20 per cent of claims, friends and colleagues 18 per cent, claims management companies 10 per cent, advice agencies seven per cent and trade unions less than six per cent.

People trusted lawyers more than insurers to look after their best interests, 39 per cent compared to 21.

Karl Tonks, president of APIL, will launch the report at a reception in parliament later today.