{"id":8570,"date":"2011-09-28T13:09:39","date_gmt":"2011-09-28T12:09:39","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=8570"},"modified":"2011-09-29T12:13:05","modified_gmt":"2011-09-29T11:13:05","slug":"referral-fee-ban-the-whiplash-invention","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2011\/09\/28\/referral-fee-ban-the-whiplash-invention\/","title":{"rendered":"Referral Fee Ban \u2013 The \u201cWhiplash Invention\u201d"},"content":{"rendered":"

\"\"OK \u2013 so over the last few months I have been praising former Justice Secretary Mr Jack Straw for exposing the insurance industries \u201cdirty secret<\/strong>\u201d that they are responsible for the exponential increases in insurance premiums by selling claims on to lawyers for pure profit.<\/p>\n

When the insurance companies have been telling you that the increase in premiums as a result of personal injury lawyers and claims has resulted in increases of up to 30%, it transpired that this was largely a symptom of your own insurance company encouraging potentially scrupulous claims<\/em><\/strong> by pushing you in to making one so they can cash in on up to \u00a31,000 for referring your claim<\/em><\/strong>. Even if you\u2019re genuine, they\u2019ll make you claim using their referral fee solicitor; not because they are doing you a favour, but because they get paid to pass your personal details around<\/em><\/strong>.<\/p>\n

We have spoken out against this on hundreds of occasions, as we never involve ourselves in referral fees, and have advised many victims of the referral fee system to change lawyers<\/em><\/strong> as soon as they can after they have been subject to poor service levels<\/em><\/strong> and potentially low payouts<\/em><\/strong> because their referral fee solicitor is too cash strapped to act for them in the right way<\/em><\/strong> thanks to wasting a huge portion of their budget on paying the fee.
\n
\nOver the last few days, I was overjoyed to hear that a government bill is in the works to ban referral fees<\/em><\/strong> outright \u2013 stopping the injustice they can cause and allowing accident victims to no longer become the victims of a profiteering racket<\/em><\/strong> that adds absolutely no value to your claim<\/em><\/strong>, and has the potential to seriously reduce the quality of the legal services<\/em><\/strong> on offer.<\/p>\n

However, there appears to be a cultural trend that has crossed over in to the campaign to rid the UK of the referral fee system; centred on whiplash claims<\/a>.<\/p>\n

Yes, whiplash claims can be difficult to prove; however, Mr Straw faces losing a lot of respect for the following quotation<\/em><\/strong> from a speech regarding the bill yesterday in the House of Commons:<\/p>\n

\u201cOften such claims are for whiplash, which is not so much an injury<\/span>, more a profitable invention of the human imagination<\/span>\u2014undiagnosable except by third-rate doctors in the pay of the claims management companies or personal injury lawyers\u201d<\/strong><\/p>\n

This \u2013 is what I will professionally term as a \u201cseriously stupid statement\u201d. The above is not true.<\/p>\n

Whiplash is a common injury arising out of road accidents<\/a>. Many people will visit their GP or a local walk in centre soon after their accident because they start to feel the effects of whiplash. There are a group of common symptoms that most people will suffer<\/em><\/strong>, which commonly appear hours or even a few days after an accident, and get progressively worse over a period of weeks or months.<\/p>\n

The injury itself is caused because the sudden jolt of your head and neck<\/em><\/strong> area, caused by the force of the collision, that stretches the muscles beyond their normal range of movement<\/em><\/strong>; subsequently damaging them.<\/p>\n

It\u2019s not true that it is an \u201cundiagnosable\u201d injury<\/em><\/strong> at all \u2013 whilst the pain effects are difficult to see, you can feel it if you touch the back and neck of a person suffering from whiplash in many instances. I also know that Mr Straw\u2019s statement is utterly ridiculous<\/em><\/strong> because I am currently (still!) suffering from my whiplash injury.<\/p>\n

In all honesty, its offensive to hear<\/em><\/strong> that a politician \u2013 a supposed leading figure of our nation \u2013 is suggesting that something he knows absolutely nothing<\/em><\/strong> about is a \u201cprofitable invention of the human imagination\u201d. I\u2019m still having physio thanks to the area of my back that hasn\u2019t healed. I\u2019m a fairly fit young man who has never had any back problems in my life. Following my incident, it\u2019s been nothing but pain in inconvenience all over my neck, back, and shoulders. I invite him to prod the right hand side of my back and feel how bad it is whilst he watches me wince in pain.<\/p>\n

OK \u2013 so, unfortunately, there are likely people who may try and \u201cmilk\u201d the system<\/em><\/strong> – and it is difficult to prove a person\u2019s injury if they make a claim long after they have healed \u2013 but that doesn\u2019t mean that whiplash doesn\u2019t exist.<\/em><\/strong><\/p>\n

Whiplash is often a played down injury \u2013 I\u2019ve heard many average Joe\u2019s whom have never experienced it to believe its not even that bad. Well, if you ever get whiplash, you will certainly disagree with all the prejudice thoughts<\/em><\/strong> you have previously had.<\/p>\n

Mr Straw \u2013 in some ways, I think it might be best for you to end up experiencing some whiplash sometime in your life. If you ever do, I\u2019ll expect nothing less than an apology for making such a ridiculous remark. <\/em><\/strong><\/p>\n

So, where do we go from here? How can we rid the UK of wasteful referral fees and stop the potentially \u201cmilked\u201d or non-existent whiplash claims without hampering the right for the innocent whiplash suffering victim to get compensation for what is genuinely an absolute pain and inconvenience to live with?<\/p>\n

We shall have to see what the government have to say. Banning referral fees is the right move; claiming whiplash doesn\u2019t exist is creating a new definition of stupidity.<\/em><\/strong><\/p>\n

Whiplash is not a \u201cprofitable invention of the human imagination\u201d<\/em><\/strong> and is certainly not \u201cundiagnosable\u201d<\/em><\/strong>. My GP and a sports masseuse I have seen in the last few months have both agreed I have whiplash (the masseuse wasn\u2019t even aware of my incident \u2013 she worked it out, and worked out where the pain was – and I don\u2019t believe in psychics); they\u2019re not on the payroll of claims companies or lawyers. My physio has also agreed, although the cost of her treatment will be claimed back for as part of my case, so I can\u2019t fit her in to the above category \u2013 but that doesn\u2019t mean all medical experts involved in claims are fraudulently lying<\/em><\/strong>.<\/p>\n

The next stages of this bill will be interesting to see. But, whatever you views on whiplash claims and referral fees, considering that whiplash is not a real injury is absolutely insane…<\/p>\n

Source of discussion http:\/\/www.publications.parliament.uk\/pa\/cm201011\/cmhansrd\/cm110913\/debtext\/110913-0001.htm#11091385000002<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

OK \u2013 so over the last few months I have been praising former Justice Secretary Mr Jack Straw for exposing the insurance industries \u201cdirty secret\u201d that they are responsible for the exponential increases in insurance premiums by selling claims on to lawyers for pure profit. When the insurance companies have been telling you that the … Continue reading Referral Fee Ban \u2013 The \u201cWhiplash Invention\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":[7,23,6,31],"tags":[],"class_list":["post-8570","post","type-post","status-publish","format-standard","hentry","category-articles","category-compensation-advice","category-news","category-referral-fees"],"yoast_head":"\nReferral Fee Ban \u2013 The \u201cWhiplash Invention\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\/2011\/09\/28\/referral-fee-ban-the-whiplash-invention\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Referral Fee Ban \u2013 The \u201cWhiplash Invention\u201d\" \/>\n<meta property=\"og:description\" content=\"OK \u2013 so over the last few months I have been praising former Justice Secretary Mr Jack Straw for exposing the insurance industries \u201cdirty secret\u201d that they are responsible for the exponential increases in insurance premiums by selling claims on to lawyers for pure profit. 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