Dealing with Difficult Insurers when Making a Whiplash Claim

http://www.claimwhiplash.org.uk - The insurance industry remains very sceptical as far as whiplash injury claims are concerned. Insurers, who act for the responsible party in most cases, take the view that "whiplash" is a modern phenomenon that has developed largely as a result of the so called compensation culture, rather than a clinical condition that warrants careful medical management.

This scepticism does not help with settlement discussions when it comes to dealing with compensation claims on behalf of the injured parties.

Insurers can also be very reluctant to provide physiotherapy treatment which ironically can help to reduce claim costs by accelerating the claimant's recovery process.

The legal industry by contrast has been pushing for a change in attitude for some time. Most legal firms believe that you should take a person as you find them and if they can be establish that the accident was serious enough potentially causing injury to the parties involved, then assuming that medical evidence can be provided, it is completely unfair to place the injured victim under any more strain. It would seem that in many cases, insurers are looking to save money on claims costs rather than consider the circumstances that the injured party might be dealing with.

Not all insurers are difficult to deal with. Some firms will for example fund physiotherapy or related treatments and will also seek to discuss amicable settlement of a claim, rather than invite unnecessary litigation.

In order to deal with difficult insurers effectively, we would recommend that you instruct a specialist solicitor who has experience in handling a road accident cases. If an insurer is being negative regarding your case, then you may need to provide additional medical evidence in support of the matter. It is strongly recommended that any injured parties seek formal medical attention as soon as possible following an accident. Attendance at an accident and emergency department is usually the best option, but failing this you should arrange to see your GP. A formal medical record is important from a legal perspective, but the priority is to ensure that you receive medical attention when you most need it.

If an insurer does not want to cooperate, your solicitor will be able to consider raising legal proceedings after a certain period of time. In the UK, the personal injury protocol that regulates both parties behaviour during the early stages of the claim, stipulates that legal proceedings should not be entered into until at least four months have expired from the date the parties first communicate. This period allows sufficient time for amicable discussions to progress, but conversely if it is clear that the insurers are not willing to cooperate, then your solicitors should be taking steps to ready themselves for litigation once the deadline expires. You should not be wary of litigating if you believe that your case has merit. Your solicitor will talk you through the finer points of raising legal proceedings following a whiplash related accident.

If an insurer is being particularly difficult, you can ask your legal representative to make a complaint to the Association of British insurers. They will take up any complaint on your behalf, although you must bear in mind that they do not regulate the industry on behalf of personal injury claimants, but instead set standards that insurers are expected to abide by.

1. By: Claim Whiplash
2. Categories Other
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4. Added :14-Jul-11
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