{"id":11906,"date":"2013-02-15T15:54:25","date_gmt":"2013-02-15T14:54:25","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=11906"},"modified":"2013-02-15T15:54:59","modified_gmt":"2013-02-15T14:54:59","slug":"aviva-insurance-say-the-whiplash-claims-system-must-change","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2013\/02\/15\/aviva-insurance-say-the-whiplash-claims-system-must-change\/","title":{"rendered":"Aviva Insurance say the Whiplash Claims System \u201cMust Change\u201d"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" class=\"alignright size-medium wp-image-11915\" alt=\"aviva insurance whiplash conflict of interest\" src=\"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/wp-content\/uploads\/2013\/02\/aviva-insurance-whiplash-conflict-of-interest-300x294.jpg\" width=\"300\" height=\"294\" \/>According to sources from the BBC (<a href=\"http:\/\/www.bbc.co.uk\/news\/business-21450432\">source<\/a>), Aviva have a dream &#8211; <strong><em>a dream that will save you money<\/em><\/strong>. In a triple dip recession (or whatever stage we\u2019re at with it these days!) we\u2019re all in need of a bit of extra cash or being able to save a little extra money in the costs of living. Aviva Insurance claim they can help you out here!<\/p>\n<p>Their proposal according to news sources is to \u201c<strong>cut out middlemen who inflate the cost of claims<\/strong>\u201d as they blame <a href=\"http:\/\/www.theinjurylawyers.co.uk\/whiplash_claims.php\">whiplash claims<\/a> for the rapid rise in insurance premiums for cars. The middlemen, they claim, are us \u2013 personal injury law firms. <strong><em>What they are proposing is that injury victims go to them directly<\/em><\/strong>, allow the insurers then to value your claim, and pay you out without the need for paying legal fees.<br \/>\n<!--more--><\/p>\n<p>But there is one huge flaw in not only their theory, but what they\u2019re saying. I\u2019ll explain a few factors to consider first:<\/p>\n<ul>\n<li>Insurance is a product that exists to pay damages to people in none fault accidents.<\/li>\n<li>Insurers, as private companies, are of course profit making firms. Therefore their duty is to their shareholders. To keep them happy, they need to keep costs down and profits up.<\/li>\n<li>To properly value a <a href=\"http:\/\/www.theinjurylawyers.co.uk\/100-percent-compensation-4u.php\">claim for personal injury compensation<\/a>, you need a qualified <a href=\"http:\/\/www.theinjurylawyers.co.uk\/\">personal injury lawyer<\/a> to assess the evidence and maximise the claim.<\/li>\n<\/ul>\n<p>So the flaw in their grand theory is this: if you claim directly with the insurer, you would have to trust that the insurers, whom bearing in mind are a profit making business whose duty is to cut costs and maximise profits for their shareholders, are offering you the best deal for your claim. In essence, <strong><em>you must place your undying faith in the insurance companies to provide you with the best and fairest offer for your claim<\/em><\/strong>.<\/p>\n<p>Now, I can tell you with no doubt or uncertainly in my mind that based on many years of experience in dealing with claims for injury, <strong><em>insurers do nothing but try and stop and limit payouts!<\/em><\/strong> Any evidence we send over to them more often than not results in a rubbish low offer from them. We then have to bargain on your behalf to reach the best settlement amount.<\/p>\n<p>The amount of times people have called us up and have been <strong><em>offered sums like \u00a3500 to settle their whiplash claim<\/em><\/strong> when they\u2019re still suffering is unreal. The <strong><em>average payout for a minor claim is \u00a32,500!<\/em><\/strong> And you should <strong><em>never settle a claim whilst you are still suffering<\/em><\/strong> because you risk under settling the claim as you do not know how long you are going to be suffering for! Yet <strong><em>insurers repeatedly push people in to settling directly for low amounts<\/em><\/strong> and when it is a crazy risk to do so!<\/p>\n<p><strong>There\u2019s a lot more! Read on<\/strong>!<\/p>\n<p>Insurers have been moaning for years now about the legal costs involved for claims, which is why they have repeatedly got their own way and <strong><em>reduced the amounts lawyers can recover for legal fees<\/em><\/strong> for clams. <strong><em>We only get around \u00a31,500 in legal fees<\/em><\/strong> for a straightforward claim under the Road Traffic Accident Protocol for low value claims rules; so there are already systems in place! Further to this, <strong><em>fees are being reduced even further in April.<\/em><\/strong><\/p>\n<p>They talk about referral fees also being to blame, but as I said above, <strong><em>we get fixed fees \u2013 the costs we recover don\u2019t encompass referral fees<\/em><\/strong>. The <strong><em>victims in referral fees are the claimants<\/em><\/strong> who end up with a <strong><em>rubbish service because their lawyer has wasted \u00a31,000 of their fixed costs on paying an insurer for their case<\/em><\/strong>. And that\u2019s the other thing \u2013 <strong><em>it\u2019s the insurers who are primarily responsible for receiving referral fees<\/em><\/strong> from lawyers! Honestly, how dare they bring up a subject that they are partly to blame for!?<\/p>\n<p>According to the news reports, Dominic Clayden, claims director at Aviva, said \u201c<em>Our primary concerns are that injured parties receive care and compensation as quickly as possible, and that all motorists benefit from a reduction in the excessive costs that have built up in claims over the past few years<\/em>.\u201d<\/p>\n<p>Given what I\u2019ve explained above about the fact that insurers argue and argue and argue with us until we\u2019re all blue in the face about how little people should be paid for their claims, and given the fact that the amount of times people have called us up and have been offered poor amounts like \u00a3500, or \u00a3750, or sometimes \u00a31,500 when their claim could be worth up to \u00a35,000 for a minor whiplash, and given the fact that they give negligent advice by telling people to settle before they\u2019ve healed without explaining the consequences; does their statement really hold any element of truth in it?<\/p>\n<p>There have even been occasions where insurers have tried to force people to settle directly for \u00a31,000 &#8211; \u00a32,000, and ended up being able to recover \u00a3100,000 when claiming with a lawyer! So the insurers can in theory get away with murder if we have to put our faith in them and claim directly without a lawyer!<\/p>\n<p><strong>Hold this in mind \u2013 when you get your car repaired, do you just accept an amount from the insurers for the repair work? No, you get the car taken to a garage where they professionally quote what needs to be done. It\u2019s no different for whiplash claims \u2013 you need a qualified lawyer who is independent to the insurer to professionally value your claim.<\/strong><\/p>\n<p><strong>But that&#8217;s not all&#8230;<\/strong><\/p>\n<p>Aside from my aggressive stance on this issue, there is another hugely important factor to consider; one which is also highlighted din the BBC report. As our dear friends at <a href=\"http:\/\/www.apil.org.uk\/\">APIL<\/a> (Association of Personal Injury Lawyers) have rightly pointed out, &#8220;<strong><em>&#8220;Putting the injured person entirely in the hands of the guilty party&#8217;s insurer would create a profound conflict of interest. Independent advice is key to preventing such a conflict and ensuring a fair outcome for the injured person<\/em><\/strong>.&#8221;<\/p>\n<p>The Claimant, i.e. the <strong><em>innocent victim here, is at a massive disadvantage<\/em><\/strong> by being placed in the hands of the company responsible for paying them out, who are, as stated above, a profit making firm whose primary responsibility is to their shareholders. Whichever side of the fence you\u2019re on in the long fought battle of whiplash claims, it is <strong><em>clear that such a proposal is nonsensical, unjustifiable, and completely dangerous to the people who deserve compensation for genuine injuries<\/em><\/strong> <strong><em>sustained at the hands of a driver who fails to pay the due care and attention owed to them. <\/em><\/strong><\/p>\n<p>As I mentioned earlier, the saga continues as April will see the banning of referral fees (which we wholly support as we have never paid referral fees for claims as we recognise the victims are the Claimants) and further reductions in legal fees for claims. Sadly, <strong><em>this may result in the victims receiving less compensation<\/em><\/strong>, and the winners in that scenario will be the insurers. So let\u2019s see if they reduce insurance premiums after April to take that in to account. I very much doubt they will.<\/p>\n<p>I\u2019m sure you\u2019ll agree that such a proposal is completely unethical.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>According to sources from the BBC (source), Aviva have a dream &#8211; a dream that will save you money. In a triple dip recession (or whatever stage we\u2019re at with it these days!) we\u2019re all in need of a bit of extra cash or being able to save a little extra money in the costs &hellip; <a href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2013\/02\/15\/aviva-insurance-say-the-whiplash-claims-system-must-change\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Aviva Insurance say the Whiplash Claims System \u201cMust Change\u201d<\/span><\/a><\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6,35],"tags":[],"class_list":["post-11906","post","type-post","status-publish","format-standard","hentry","category-news","category-whiplash"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Aviva Insurance say the Whiplash Claims System \u201cMust Change\u201d<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2013\/02\/15\/aviva-insurance-say-the-whiplash-claims-system-must-change\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Aviva Insurance say the Whiplash Claims System \u201cMust Change\u201d\" \/>\n<meta property=\"og:description\" content=\"According to sources from the BBC (source), Aviva have a dream &#8211; a dream that will save you money. In a triple dip recession (or whatever stage we\u2019re at with it these days!) we\u2019re all in need of a bit of extra cash or being able to save a little extra money in the costs &hellip; Continue reading Aviva Insurance say the Whiplash Claims System \u201cMust Change\u201d\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2013\/02\/15\/aviva-insurance-say-the-whiplash-claims-system-must-change\/\" \/>\n<meta property=\"og:site_name\" content=\"The UK&#039;s No 1 Injury Lawyers Blog\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/ukinjurylawyers\" \/>\n<meta property=\"article:published_time\" content=\"2013-02-15T14:54:25+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2013-02-15T14:54:59+00:00\" \/>\n<meta property=\"og:image\" 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