Moffat & Co Solicitors

Moffat & Co Solicitors
Accident Compensation Claim Solicitors Scotland
PO Box 28287
0131 662 6988
0131 667 8175

MASS Motor Accident Solicitors Society

Moffat & Co Solicitors Over 25 years of experience at your service

Proof of Injury and Whiplash Claims

Once again news is out of MPs worrying about the cost of whiplash claims in the UK. It is thought that whiplash claims cause motorists to pay an average of £90 more to the average insurance premium. The debate about whiplash and whether the UK has a ‘compensation culture’ or is the ‘whiplash capital of the world’ is on going. However, the amount of whiplash claims that are being pursued has actually dropped. Legislation surrounding no-win-no-fee changed earlier this year which is thought to have led to a fall in general personal injury claiming.

There are two problems that the Transport Select Committee is blaming for the effect of whiplash settlements on insurance premiums. They have pointed the finger at the previously no-win-no-fee legal firms for ‘ambulance chasing’. Ambulance chasing is the process by which some personal injury legal firms convince accident victims to claims for compensation. Some firms have previously used tactics of cold calling and text messages to encourage people to claim. However, they are mostly concerned about proof of injury.

The main issue that has been highlighted is that many insurance firms are allowing whiplash claims to settle without obtaining proper proof of injury from the claimant. The Transport Select Committee is now asking insurers to think about asking for proof of injury for all claims before approving them. The idea is that insurers will immediately reject claims, which do not have adequate proof of injury to substantiate them. Proof of injury would be information showing that the claimant went and sought medical treatment for their injury in the time following the crash. This would show a temporal link between the accident and their injury and would show that they required genuine medical help for the symptoms they were experiencing.

This is yet another idea to attempt to crack down on exaggerated whiplash injury claims and fraudulent whiplash injury claims. Concerns are bound to arise about whether this will mean that true claimants will lose out. The Committee does not wish this to be the case, as they do believe that genuine whiplash sufferers deserve proper compensation for their injuries. Whiplash is a regular target for fraudsters, as the condition cannot be picked up via equipment. For genuine sufferers though the condition can be extremely painful and debilitating, and can last for a substantial amount of time. So if you are suffering from whiplash, the advice is to visit the doctors to get a diagnosis and treatment, and to call a specialist whiplash lawyer. Legal support is available for you today.

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Since contacting Stan I was continously informed of the development and progress of each step of my claim. Stan was persistent and patient throughout the whole process and reassured me he would win me the compensation I deserved - and he was true to his word. I am extremely happy with the outcome of my claim and this is all thanks to Stan.


My case was dealt with personally by Stan Moffat and what a brilliant guy. His office contacted me personally by telephone at the start of my claim to explain who they were and what they would be doing for me. All through the case I was kept fully informed of all actions either by e-mail or by letter and reassured by Stan several times of any queries I had.

It is very seldom that a solicitor will take the time to speak personally at any time with you without getting run through secretaries etc. I commend this man for that as this was a very upsetting and important time for me and he did everything in his power to make this as easy and as swift as possible for me.

I highly recommend the service that this firm brings and the speed that they move at.

J McMahon

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