When did justice become ‘unnecessary’?

So with the ‘whiplash reforms’ looming, how did the Ministry of Justice go from this…


to this……


The focus of reform has quietly shifted from tackling fraud to preventing unnecessary claims. In each case, the headline has been ‘to reduce your motor insurance premiums’. However, the distinction between a fraudulent or exaggerated claim and an unnecessary claim is stark.

Who determines what is ‘unnecessary’? It would appear to be the government, led by the insurance industry, with the only criteria being, ‘does your claim fall into the category of claim that is most common and therefore most costly to the insurance industry?’.

Clearly, a claim that is both genuine and meritorious can still be deemed unnecessary and so shall, in the case of whiplash injuries, therefore be subjected to reforms that will see genuine whiplash claimants prevented from securing legal representation and restricted to much lower damages (in some cases by up to 80%).

In order for us to better understand the sound reasoning and analysis behind the Government’s latest reforms, perhaps it would help us if we reviewed the comments of both the Ministry of Justice and Transport Committee from October 2013 (‘Reducing the number and cost of whiplash claims’), alongside which I have made some quick observations clearly marvelling at the Government’s active approach to addressing all matters raised before further revisiting any changes to the whiplash claims process.

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