Lateness and Personal Injury are two very different matters. A delayed or cancelled flight/train, results in personal inconvenience and possibly some stress and discomfort. However, in contrast, a Personal Injury caused by a road traffic accident may result in physical pain, time off work and impacts daily routines, family life and social life. However a bizarre double standard is developing in which claims for lateness are being actively encouraged whilst claims relating to Personal Injury are being heavily criticised and downgraded.
“Whiplash Reform” is a commonly used label that measures the Government plans that are being implemented in April 2020 – This will ultimately change the way Personal Injury claims are managed.
Central to the reforms is a new insurance claims system designed to cut the size of payouts by introducing a tariff based system of fixed compensation amounts. Under the new tariff based system a Personal Injury claim lasting from 0-3 months is ‘worth’ an amount of just £225. In contrast, a three hour flight delay is currently ‘worth’ up to £505 for passengers who make a claim with their airline – We are actively encouraged about making claims for lateness with ‘Delay Repay’ being advertised on train billboards (information on the online claims process and refund amount is readily available via train companies websites). Likewise, the process, terms and compensation amounts for flight delays are easily accessed via airline websites. However, in April 2020 this ‘one size fits all’ online compensation approach is about to be applied to something as personal, painful and as serious as Personal Injuries (caused by road traffic accidents).
Gordon Dalyell, President of the Association of Personal Injury Lawyers (APIL) is accurate in his assessment that states “raise real issues in terms of access to justice”.
The previous Judicial College compensation guideline amounts from a 0-3 month Personal Injury claim (caused by road traffic accident) ranging from £300- £2050, vastly different to the proposed new set tariff amount of £225. Equally, under the proposed ‘Whiplash Reforms‘ system, Personal Injury claims compensate to less than £5000 – This is for the injury alone, meaning, this won’t entitle the injured person to recover their legal fees. As a result, people may be deterred from bringing a claim or will try to manage it themselves without appropriate guidance and expertise.
APIL are correct in their statement that Personal Injury reforms must be done in “a proper and considered manner”. A delay to the April 2020 start date is essential to ensure ‘Whiplash Reforms‘ system can be made properly, fairly and in a way that ensures victims have adequate access to advice and guidance with their claims. We cannot stand by and accept reforms that equate and handle a painful Personal Injury in the same manner as a train or air travel delay. Surely the severity of a Personal Injury and its implications for our society deserve more.