{"id":7938,"date":"2011-07-20T09:12:56","date_gmt":"2011-07-20T08:12:56","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=7938"},"modified":"2011-07-20T09:12:56","modified_gmt":"2011-07-20T08:12:56","slug":"britain%e2%80%99s-%e2%80%98compensation-culture%e2%80%99-in-the-news","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2011\/07\/20\/britain%e2%80%99s-%e2%80%98compensation-culture%e2%80%99-in-the-news\/","title":{"rendered":"Britain\u2019s \u2018Compensation Culture\u2019 in the News"},"content":{"rendered":"

\"\"OK \u2013 so there is this whole thing about a \u2018compensation culture\u2019 in the UK that has hit the headlines on numerous occasions. In reality, if you read the Lord Young \/ Jackson reports of late, the whole idea of a \u2018compensation culture\u2019 was deemed a media fuelled myth<\/em><\/strong>, of which there really is no issue.<\/p>\n

The most recent headlines have been those of our former justice secretary Jack Straw whom, after investigating how one of his constituents details were sold around for money between claims companies and insurers<\/em><\/strong> to solicitors, hit out at the frivolous profit making industry of personal injury<\/a> referral fees; something which we never pay and have always been against<\/em><\/strong>.<\/p>\n

The insurers themselves were blamed for the increase in our car premiums<\/em><\/strong> as it was uncovered that it was the insurers themselves that are a party to the referral fee system<\/em><\/strong>, in which their own policy holder\u2019s details are passed over to solicitors who are willing to pay huge referral fees of up to \u00a31000<\/em><\/strong> per claim. This has, according to recent news, been responsible for an increase in \u2018frivolous\u2019 claims that have not only driven our premiums up, but provided the insurers with a millions of pounds in profit<\/em><\/strong> from passing the details of accident victims over.
\n
\nMore to the point of this article, a blog from The Guardian was passed over to me the other day in which Aviva had conducted research to show that \u2018frivolous\u2019 claims had been around long before the introduction and explosion of the referral fee markets.<\/p>\n

The article (http:\/\/m.guardian.co.uk\/money\/blog\/2011\/jul\/14\/compensation-culture-personal-insurance-claims?cat=money&type=article<\/a>) lists some rather bizarre claims<\/em><\/strong> that have ranged from a man injuring himself at a wedding after throwing rice, receiving \u00a350 in 1892 (modern equivalent \u00a32,994), to an artist who was blown down by a gust of wind in 1886 receiving \u00a330 (modern equivalent \u00a31,796)!\u00a0 There is a whole list of weird and wonderful claims<\/em><\/strong> that Aviva have found in their archives \u2013 and pretty much all of them are claims we generally wouldn\u2019t take on at all.<\/p>\n

It\u2019s quite key to note that one of the main subjects of the article appears to be about personal accident insurance policies, of which Winston Churchill was referenced as one such customer whom never claimed from his policy at all when he had it. Unfortunately, the article doesn\u2019t confirm who actually paid the damages out to the victims; if it was through personal accident insurance, we are talking about an entirely different ball game to that of making a claim <\/em><\/strong>through someone else\u2019s insurance for a personal injury accident that the No Win No Fee system is in place for.<\/p>\n

For the No Win No Fee claims, we pursue compensation<\/a> from the insurance of a negligent third party \u2013 i.e. a person or a company responsible for the accident. If the accident was your own fault, it\u2019s likely you wouldn\u2019t be able to make a claim<\/em><\/strong> for personal injury from someone else with a No Win No Fee lawyer.<\/p>\n

If you had your own personal accident insurance, then I guess that\u2019s what that is there for \u2013 to claim from if you injure yourself by accident. I am speculating on that though, as I\u2019ve never really delved in to the ins and outs of them; I just recall someone trying to sell me it one time a few years ago.<\/p>\n

I mention this as the article goes on to suggest that Aviva are saying that \u2018frivolous\u2019 claims predate any referral fee markets, and so the referral fee system can\u2019t be blamed for the \u2018compensation culture\u2019 the media describe nowadays. That is how I seem to be taking the article anyway. But, it sounds to me like these examples are relating to this personal accident insurance and not claims for personal injury against someone else with a No Win No Fee lawyer<\/em><\/strong>.<\/p>\n

So \u2013 we are actually talking about a whole different industry here…<\/p>\n

I find it all, in my opinion, rather too \u201cclutching at straws\u201d to justify the referral fee markets that insurers do genuinely make millions of pounds from referring accident victims over to solicitors<\/em><\/strong>. Nevertheless, the article makes for an interesting read as there really are some crazy claims described in it!<\/p>\n

In reality, the media has covered Mr Straw\u2019s finding in great detail, and we have already had top insurers and the Association of British Insurers admitting that the referral fee system is the insurance industries \u201cdirty secret\u201d<\/em><\/strong> and confirming that premium increases are likely attributable to it.<\/p>\n

Anyway, here\u2019s another question: why do I care about telling you all this? Is it because I want to defend the Genuine No Win No Fee<\/a> in which genuine accident victims should be entitled to compensation for an accident and injuries that were sustained through no fault of their own? Is it because I cannot stand the idea of referral fees and I am proud to work for a firm that has never once paid a referral fee<\/em><\/strong> for a claim to an insurer, claims company, garage, the police, or any other company in the claims market?<\/p>\n

Well, it\u2019s a yes for them all really. We never pay referral fees<\/em><\/strong> because they have the potential to limit access to justice <\/em><\/strong>and reduce the quality of legal services on offer<\/em><\/strong> (to quote the Law Society and Bar Council). By paying out a huge referral fee for a claim, your solicitor has less money to spend on you and your claim. They must absorb this exponential cost by either offering a lower level of service as they cannot afford to spend too much on your claim having paid out a load of money for a referral fee, or even charge you, the innocent victim, for their work.<\/p>\n

We refuse to pay referral fees<\/em><\/strong>, and all of our clients come directly to us for our reputation<\/em><\/strong>. We will not involve ourselves in the referral fee markets, which gives us the resources to spend more on our clients and their claims; which sums up what we are all about. We are not about making a fast profit<\/em><\/strong> from buying a claim and running it cheaply \u2013 we are about providing our clients with a fantastic service and fighting for their right to access the compensation<\/em><\/strong> they genuinely deserve.<\/p>\n

Ultimately, I firmly believe that the No Win No Fee should remain \u2013 the innocent victims shouldn\u2019t have to lose any money or pay any costs when they are not at fault for an accident<\/em><\/strong>.<\/p>\n

We only ever take on a case if we genuinely feel we have a good chance of winning<\/em><\/strong> it. You can only win a case if it is proved that the person or company you are trying to claim from has been genuinely negligent and has caused your injuries.<\/p>\n

Another salient point I always like to address is the fact that insurance is there to insure you \u2013 it\u2019s there to claim from. It\u2019s the insurance company\u2019s service that we pay for that protects us and pays out to innocent victims if we negligently hurt someone else; so, should they really be \u2018moaning\u2019 about too many claims when there service is there for claims to be made?<\/em><\/strong><\/p>\n

I say \u2018moaning\u2019 rather loosely!<\/p>\n

There is a lot more to the \u2018compensation culture\u2019 in the UK than meets the eye. The article from the Guardian is certainly worth a read though!<\/p>\n","protected":false},"excerpt":{"rendered":"

OK \u2013 so there is this whole thing about a \u2018compensation culture\u2019 in the UK that has hit the headlines on numerous occasions. In reality, if you read the Lord Young \/ Jackson reports of late, the whole idea of a \u2018compensation culture\u2019 was deemed a media fuelled myth, of which there really is no … Continue reading Britain\u2019s \u2018Compensation Culture\u2019 in the News<\/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":[7],"tags":[],"class_list":["post-7938","post","type-post","status-publish","format-standard","hentry","category-articles"],"yoast_head":"\nBritain\u2019s \u2018Compensation Culture\u2019 in the News<\/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\/2011\/07\/20\/britain\u2019s-\u2018compensation-culture\u2019-in-the-news\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Britain\u2019s \u2018Compensation Culture\u2019 in the News\" \/>\n<meta property=\"og:description\" content=\"OK \u2013 so there is this whole thing about a \u2018compensation culture\u2019 in the UK that has hit the headlines on numerous occasions. 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