Who Is The Victim

Date Added 06.04.16

Accidents causing injury happen. Sometimes truly, they are an accident and no one is to blame. We’ve all had that, it really is just one of those things. Life goes on, we struggle and adapt.

Sometimes though, the accident happens because someone else is to blame. Where that can be proved the law allows the situation to be put right, normally by an amount of money being paid to set the matter straight. We call this compensation. Compensation for injuries has been much in the news and on the political agenda over the past few years.

A good many of the accidents in this country happen on our roads. Some time ago the politicians decided that it would be important for all vehicles to carry insurance to make sure that a driver could pay the compensation if an accident happened. The insurance also pays for medical bills and the cost of putting the cars right. Good news for the injured person and good news, you would think, for the insurer, able to make a profit on the insurance policies they offer.

Insurance is a numbers game. To make a profit the insurance companies have to charge more to the motorists as premiums than they pay out on claims made as a result of accidents. Of course, the more or less the insurer has to pay, the more or less profit they make and over the past few years the insurers have been lobbying the Government long and hard to keep the amount they pay out for accidents down to a minimum. Why is this the case, given it is their job to pay these claims out? Certainly, the insurer’s profits are currently very healthy.

There is an interesting article by Gordon Exall, Barrister of Zenith Chambers (pages 6 & 7, The MASS Insight Magazine, Issue 7, Winter 2016).

Within it, he talks about the skill and art being used by insurers to persuade the Government, Press and Public Opinion that they are the victim in claims brought by people who have been injured in accidents. The acceptance of the insurers’ position is leading to major erosion and exclusion of current legal rights to make a claim. Under threat is the right to claim for compensation for minor soft tissue injuries and the availability of legal advice for claims worth up to £5,000.

The people who will be affected by the changes in the future are currently healthy and pursuing their daily lives. Would that it always be so, but accidents happen and when they are the fault of a third party who is careless, negligent, reckless, drunk or drugged then why should a person not be able to claim for their injuries? Also, given the process is difficult and uncertain and because the insurers hold the purse strings, why should the injured person, the real victim, not have the equality of having a lawyer’s advice?

Who is the real victim here? I doubt it is the insurance companies.

Article written by David Boobyer, Partner with Tollers Personal Injury. David is passionate about helping his clients to claim compensation for what are sometimes catastrophic injuries suffered as a result of a Road Traffic Accident. These injuries are life changing for both the injured person and their family. If you have suffered as a result of an accident and would like to explore the possibilities of making a compensation claim, then call us now on 0333 414 9123 Tollers

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