Over the last few years there’s been a stark rise in the number of whiplash claims being made, but unfortunately a lot of those claims are thought to be fraudulent. As such, the government has introduced measures intended to reduce the number of fraudulent claims to ensure only individuals that are genuinely suffering get access to compensation, and if you’re thinking of taking your case forwards it’s important to know how the changes to whiplash claims 1st April 2013 might affect you.
Changes to whiplash claims on 1st April 2013
The main changes to the law are in relation to no win no fee arrangements that a lot of solicitors offer their clients. Prior to 1st April 2013 a solicitor would have been able to recover costs from the defendant if their case was lost, meaning the claimant who was successful would receive 100% of the compensation awarded, but now this “success fee” may not be recoverable from the losing side. Instead, legal costs will have to be paid by the claimant rather than the defendant, with up to 25% of a successful settlement being deducted to cover solicitors’ costs. (It’s worth noting, however, that no win no fee can still apply if a claimant isn’t successful.)
The changes have been made to reduce the likelihood that fraudulent claimants would pursue a case given the amount that would be deducted, but that shouldn’t put off individuals that are genuinely suffering from whiplash. An additional 10% is allowable in the claim to help offset the loss, and of course, every case is unique and should be considered in the context of the situation. If you’re suffering as a result of an accident that wasn’t your fault you should still seek the compensation you deserve, and if you’re looking for advice or want to get things underway you need to get in touch.
Expert help from AAH
At Accident Advice Helpline, we’re fully conversant in the changes to whiplash claims on 1st April 2013 and that means we’ll be on-hand to take your case forward. Our experienced advisors are available 24/7 and will be able to discuss your claim and whether or not you could be entitled to compensation, and it couldn’t be simpler to get things underway. Just call us on 0800 689 0500 or fill in our 30-second online test to see whether you’re eligible and we’ll take things from there.
Date Published: 24th August 2013
Author: David Brown