{"id":4572,"date":"2018-07-08T00:44:38","date_gmt":"2018-07-08T00:44:38","guid":{"rendered":"http:\/\/imjussayin.com\/blog\/?p=4572"},"modified":"2018-07-08T23:28:35","modified_gmt":"2018-07-08T23:28:35","slug":"insurance-citizens-denied-access-justice","status":"publish","type":"post","link":"https:\/\/imjussayin.com\/blog\/insurance-citizens-denied-access-justice\/","title":{"rendered":"Insurance – Citizens Are Being Denied Access To Justice"},"content":{"rendered":"

\"insurance<\/a>
\nThe Tory Government is set to deny citizens access to justice but it\u2019s kerching for the insurance industry.\u00a0 So much for the first rule of government is to protect its citizens.\u00a0 That said the Tories have always professed to be the party of business. \u00a0And this legal shake-up certainly proves it, if their hostile environment<\/a> left you in any doubt. \u00a0So, take heed, the government is set to introduce an increase to the limit in the Small Claims Court.\u00a0 That means unless your claim for personal injury is \u00a32,000 or \u00a35,000 for motor claims, your access to justice will be denied. \u00a0And it is going hurt the citizen but enrich the insurance industry.<\/p>\n

Newspapers seem rather sparse on the information that about 95% of road traffic victims are set to lose their right to compensation.\u00a0 That is based on the 2014 figures. \u00a0Of course, listeners to my shows had the heads up that former-Chancellor George Osbourne introduced the measure in 2015<\/a>. \u00a0And I have kept an eye on it ever since.<\/p>\n

The government is waging a two-pronged attack on our rights to get access to justice.\u00a0 The first is that the small claims for injury will start at \u00a32000\/\u00a35000 (motor claims) instead of \u00a31,000.\u00a0 And victims would not be able to reclaim the cost of legal representation.\u00a0The second is ending the right to cash compensation for \u2018minor\u2019 whiplash claims.<\/p>\n

\"insurance<\/a><\/p>\n

Whiplash Justice<\/span><\/h2>\n

Tearing around as a youth and taking a knock is no big deal.\u00a0 Until you leave youth behind.\u00a0 And although the body recovers, it does so more slowly.\u00a0 In some cases, soft tissue damage\u00a0<\/a>can require surgical repair.\u00a0 With or without surgery, it can be a long painful healing process.\u00a0So why should victims of soft tissue damage be denied access to justice and compensation?<\/p>\n

Insurance Companies<\/span><\/h2>\n

The public is misled by insurance PR that insurers are inundated with false whiplash claims and it was costing the industry millions.\u00a0 Insurance companies have gone to great length to convince us that whiplash claims are false.\u00a0 Adverts have included a victim in a neck collar with a Pinocchio nose<\/a>.<\/p>\n

However, Judge Kevin Cross, who oversees the personal injury list in the High Court, says its \u2018entirely untrue\u2019 that inflated damages awards have caused increases in premiums.\u2019<\/p>\n

The government\u2019s trade-off for denying victims the right to justice was a promise of reduced insurance premiums of \u00a350 a year. \u00a0Unsurprisingly that figure is now as little as \u00a316 per year\u00a0<\/a>and then only if insurers pass on the full benefit. My renewal has increased by \u00a3450 although I have not made a claim in years.<\/p>\n

But the roads are not just used by cars.\u00a0 Cyclists\u2019 are a growing number and they are vulnerable. \u00a0Cyclist\u2019s injuries although they may be substantial, are estimated to be less than \u00a35,000 in 70% of claims.\u00a0 The proposed changes leave this vulnerable group without protection and access to justice<\/a>.<\/p>\n

Personal Injury Justice<\/span><\/h2>\n

But accidents victims are not just road users.\u00a0 Injury occurs at work, in public places or through the fault of occupiers.\u00a0Many of those claims, perhaps 85% would be in Small Claims Courts.\u00a0 So, without legal aid or being able to afford a lawyer, the victim is pitted against an insurance company lawyer.\u00a0 And a successful claim means that the victim is responsible for the insurance company\u2019s legal fees. \u00a0That\u2019s likely to take a sizable chunk of the compensation cheque.<\/p>\n

Justice Denied<\/span><\/h2>\n

The rule of law depends upon access to justice and justice being seen to be done.\u00a0 So, it\u2019s clear that the government\u2019s intended reforms undermine the rule of law.\u00a0 And to remove a citizen\u2019s right to justice without strong evidence of the fraud alleged\u00a0<\/a>by insurers is wrong.\u00a0 And certainly, not worth \u00a316 per year in reduced premiums. \u00a0I agree with Lord Sharkey<\/a> who is quoted as saying \u2018I am not convinced by the government\u2019s touching faith in the insurance industry\u2019.<\/p>\n

The clear losers will be the victims of personal injury, the vast majority of who make genuine claims.\u00a0I know many who never make a claim and live with the pain, the task of litigation seems so daunting. \u00a0Now the government is setting out to deny access to justice for pain and suffering.<\/p>\n

The Tories are not kidding when they say they are the party of business.\u00a0 Problem is it is at the expense of the rest of the population.\u00a0 So, while the insurance companies have a lobby group, there is no such organisation speaking up for citizens. Now is a good time to write to your MP.<\/p>\n

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Audioblog<\/span><\/h2>\n