Government consulting on change to the small claims limit in personal injury cases

Posted 19/12/2012

Plans to increase the small claims limit for “whiplash” and possibly all motor accident claims, from £1,000 to £5,000 are now the subject of a Government consultation.

Ashtons Legal are clear on this – the small claims Court is not the place for unrepresented, genuinely injured people where a “David v Goliath” (Innocent victim v Insurance company) situation will become the norm.

If the proposal is approved this will lead to a situation where innocent accident victims will be unable to afford the expert legal advice and representation they will need in order to successfully pursue their claims, as legal costs will not be recoverable.

The same innocent victims will find themselves at the mercy of experienced lawyers instructed by the insurers, to whom money is no object. Indeed, the deep-pocketed insurers will simply pass their own legal costs back to their policyholders through insurance premiums.

Even more worrying is that an independent survey has revealed 70% of injury victims would not know how much to claim (let alone how to go about doing so); however, that is precisely what they would be expected to do if the proposals went through.

One should also remember that on the Government’s own figures, “whiplash” claims fell by around 24,000 last year. Independent research also found that only one in a hundred accident victims had a “whiplash” injury in the past 12 months and of those who have ever had a whiplash injury almost 40% have never claimed compensation for it.

These independent statistics completely fly in the face of the hysterical headlines that we seem to be bombarded with on a daily basis from various dubious sources.

We would urge you to join the fight and make your voice heard by completing the online petition or by writing to your local MP – preferably both. It is not too late – yet.

Tom Ranson of Ashtons Legal injury services says: “It is absolutely essential that the genuinely injured are able to have access to independent legal advice to ensure that the victims are properly supported and compensated. The proposed raising of the small claims limit to £5,000 will have a catastrophic effect upon access to justice for many thousands of genuinely injured accident victims and prevent them from obtaining the treatment and compensation to which they are entitled.” Click here for further information about our Personal Injury services.