A big win for those opposed to the compensation culture?
Discussion
This may well divide opinion and there is also the chance that genuine claimants will lose out due to the greed of the other claimants / firms representing them, but it is quite a significant ruling
In a nutshell, a factory has a fire. 16,000 people make a claim for injury as a result, in part due to some very aggressive ambulance chasing from two firm of solicitors. The firm and their insurers stand firm against each claims amd let it litigate with a few test cases. A judge promptly throws put all the claims and refers the firms to the SRA for investigation.
What are your thoughts, good, bad or indifferent?
http://www.bbc.co.uk/news/uk-england-merseyside-33...
In a nutshell, a factory has a fire. 16,000 people make a claim for injury as a result, in part due to some very aggressive ambulance chasing from two firm of solicitors. The firm and their insurers stand firm against each claims amd let it litigate with a few test cases. A judge promptly throws put all the claims and refers the firms to the SRA for investigation.
What are your thoughts, good, bad or indifferent?
http://www.bbc.co.uk/news/uk-england-merseyside-33...
Jasandjules said:
It appears to indicate that if "claimants" are fraudulently created rather than genuine that the claim will not succeed. This however does not affect genuine cases.
However, all claims have been thrown out, even one that may be genuine. Given views on whiplash claims on here, then it may make the future more interesting for those claims. Equally, it may not as there's got to be some sort of precedent set somewhere I think. I'm writing this purely as an interested observer, as I don't deal with industrial claims. LoonR1 said:
However, all claims have been thrown out, even one that may be genuine.
Indeed, that is unfortunate. Justice may not have been done in that case.But it still should have no effect on any future genuine claims (insofar as "genuine" can be determined for the purposes of PH).
Hopefully some sense will prevail in all these claims.
Imo a big bit of the problem with the car claims is the accident management companies. They encourage fake injuries, over charge for hire cars, delay stuff unnecessarily, I have even seen them damage cars further than they are already so they can justify a hire car and a bigger claim up for injuries.
Iirc many years ago 18-20) a corsa on credit hire was billed out at iro £100 per day. Not sure if they got paid that in the end but they did try!
If people were not encouraged to claim for non existent injuries etc I think it would be a bit different.
If even a small amount of this abuse happens in other insurance claims then its no wonder insurance is so expensive.
Imo a big bit of the problem with the car claims is the accident management companies. They encourage fake injuries, over charge for hire cars, delay stuff unnecessarily, I have even seen them damage cars further than they are already so they can justify a hire car and a bigger claim up for injuries.
Iirc many years ago 18-20) a corsa on credit hire was billed out at iro £100 per day. Not sure if they got paid that in the end but they did try!
If people were not encouraged to claim for non existent injuries etc I think it would be a bit different.
If even a small amount of this abuse happens in other insurance claims then its no wonder insurance is so expensive.
surveyor said:
Surely it's too far reaching to hold water for long. Really needs an appeal - but who's going to do that....
Just to be clear
No problem with junk claims being thrown out - but genuine one's need to be protected
Ambulance chasers spread the word amongst the great unwashed, before you know it, 16000 are on the books. Do you think there was one genuine claim in there ? Just to be clear
No problem with junk claims being thrown out - but genuine one's need to be protected
Personally, I am sick to death of the everyday hardworking man/woman subsidising these people. If there is a genuine claim, the law will find it, we are pretty good at the law, England being about for a while and all.
The trouble being, the % of people who want to manipulate the law for an easy buck cost every man/woman/ child who are honest.
Personally, I've had enough, from the compensationist element, and I suspect 99% of the population have as well.
roofer said:
surveyor said:
Surely it's too far reaching to hold water for long. Really needs an appeal - but who's going to do that....
Just to be clear
No problem with junk claims being thrown out - but genuine one's need to be protected
Ambulance chasers spread the word amongst the great unwashed, before you know it, 16000 are on the books. Do you think there was one genuine claim in there ? Just to be clear
No problem with junk claims being thrown out - but genuine one's need to be protected
Personally, I am sick to death of the everyday hardworking man/woman subsidising these people. If there is a genuine claim, the law will find it, we are pretty good at the law, England being about for a while and all.
The trouble being, the % of people who want to manipulate the law for an easy buck cost every man/woman/ child who are honest.
Personally, I've had enough, from the compensationist element, and I suspect 99% of the population have as well.
I think that's the point really. We all have our suspicion, but unless someone has sifted through the claimants we can't be as sure as we should be before chucking the files in the bin.
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