01482 778 463
Client Focussed
No Win No Fee
Specialist Legal Teams
Hudgell Solicitors™ | Latest News | The Real Issues with the end of the Road Traffic Act

The Real Issues with the end of the Road Traffic Act

Amanda MCA


Amanda Stevens, Chief Executive, Hudgell Solicitors.

The Department for Transport recently reported that around 500,000 road traffic casualties go unreported to the police. Do these figures undermine the changes made in the MoJ consultations?

The MoJ consultation was a curious piece of work from start to finish. It began with a provocative statement: “The government is bringing forward a package of measures to crack down on minor, exaggerated and fraudulent soft tissue injury (“whiplash”) claims stemming from road traffic accidents (RTAs).”

But nowhere in the 42 page document, excluding appendices, was the so-called problem quantified to justify the swingeing reforms;reforms that aim to reduce the judicially determined rates at which pain, suffering and loss of amenity are currently valued and to remove the ability for most victims to be legally represented, despite the insurance backed opponent regularly being funded for
counsel if the claim proceeds through court.

The consultation cited 770,000 new claims registered in 2015/16, but only 142,000 RTAs were reported to the police in 2015. Although it wasn’t alleged that the difference between the two figures could only be accounted for by fraud and/or the most minor of vehicle bumps unlikely to cause significant bodily damage to human occupants, the inference was clear. So when the DfT announced 500,000 RTA casualties do, according to their records, go unreported to the police, those representing claimants were certainly not surprised. The commonly held view was that the Government didn’t much care for statistics in this area; they were on a longstanding mission to end the UK’s position as the “whiplash capital of the world”.

Non-partisan bodies such as the Transport Select Committee have conducted extensive enquiries into the RTA claims market and reached some fascinating conclusions. For example, in 2013:

“Insurers must immediately get their house in order and endpractices which encourage fraud and exaggeration.”

“We are concerned that use of the small claims track could prove counterproductive in efforts to discourage fraudulent and exaggerated claims.”

An earlier Ministerial report in 2010, “Common Sense, Common Safety”, commenting on the new Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, had said, “It delivers fair compensation by way of a simple procedure to any claimant making a low value personal injury claim”.

So, to conclude, the new DfT statistics simply add to an already large body of independent material that points to a wholly different understanding of the issues surrounding low value RTA claims. They may further undermine the credibility of arguments in the consultation, but not its progress to the statute book, it would appear.

Page 25 Modern Claims Magazine, Issue March 2017

No Comments

Leave a Reply

*Required

The Author

author image

Amanda Stevens

Senior Solicitor, Chief Executive

ajs@hudgellsolicitors.co.uk

Request a callback

Request A Callback

I am an existing client.










Or call us FREE on:

01482 778 463


trust pilottrustpilot startrustpilot startrustpilot startrustpilot startrustpilot star

The data you submit will only be used by Hudgell Solicitors and only for the purpose of dealing with your enquiry.
See full privacy policy.

Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great customer service

"Great customer service Tasmin was very helpful Updated me on a regular basis Thanks for… "

Mr D Scannell

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Caroline was great in handling my case

"Caroline was great in handling my case, very informative and always kept me up to… "

Mr Richard Brook

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Dispute with EasyJet

"Although Hudgell offices were not local to us, there was no need for concern, as… "

Glyn

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Always on the ball

"Always on the ball! Great at what they do, very professional and fast with a… "

CHRISTOPHER CURTIS

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. Very happy with result. Thank you."

Miss Erika Panakova

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Was an easy process and the caseworker…

"Was an easy process and the caseworker was very informative and very knowledgeable on my… "

Rachel Fee

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Lovely business to deal with

"Lovely business to deal with. Would recommend to anyone."

Mrs Kelly Byrnes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great communication

"Great communication! My solicitor was lovely to deal with, open and listened to me."

Sue Ockendon

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy with how they managed my…

"Very happy with how they managed my claim. I would recommend them."

Mr Steve Roberts

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful and truly understanding in…

"Very helpful and truly understanding in a very sensitive case would highly recommend to anyone"

Miss Sarah Morris

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Friendly

"Friendly, supportive and professional, couldn't ask for more."

Mr Adrian Fisher

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

A first class service with a heart too

"I never had claimed before and was quite apprehensive about dealing with claims solicitors as… "

M Sheikh

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

They made me feel that I wouldn’t be on…

"They made me feel that I wouldn’t be on my own after my experience. They… "

Mrs Melinda Diane Tovey

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

The service was excellent and Lauren…

"The service was excellent and Lauren Cartwright kept me well informed and gave good advice… "

Mr Roger Harrison

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Recommended company

"Excellent service, fully recommended. Efficient communication and reliable."

Mr R Taylor

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell took over my road traffic case…

"Hudgell took over my road traffic case from a different solicitors and successfully negotiated a… "

Mr JSW

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell Solicitors made my personal…

"Hudgell Solicitors made my personal injury claim so easy, they got me the treatment i… "

Mr Nick Todd

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I have never used solicitors before

"I have never used solicitors before, my dealings with Hudgell have been excellent I have… "

David Varley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful

"Very helpful"

Ethan Ferguson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

First Class service

"Hudgell Solicitors are currently working on my case and I must say so far the… "

Emma Jeeves

Rated 9.4 out of 10 based on 455 reviews

Powered by Trustpilot

Our offices

London

55 Fleet Street
EC4Y 1JU

VIEW DETAILS

Hull

No 2 @ The Dock
46 Humber Street
HU1 1TU

VIEW DETAILS

Leeds

10 Park Place
Leeds
LS1 2RU

VIEW DETAILS

Manchester

1 St Peter’s Square
Third Floor
Manchester
M2 3AE

 

VIEW DETAILS

© 2018 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90