Nicholas Jervis, Solicitor (non-practising) and Managing Director of Whiplash Specialists Loyalty Law
After what I call 'Whiplash Day' on Thursday 15th January which I blogged about several times, I have had a chance to reflect on the high amount of media coverage that my industry attracted, and particularly on the BBC’s coverage of the day.
I heard the BBC cover the story, and there angle could easily be summarised as “Solicitors, Claims Companies and People Claiming Whiplash are solely to blame for the rise in claims and insurance premiums”. Every time I saw them cover the story that day, on BBC breakfast, Radio 4 today show, the BBC2 Jeremy Vine Show and BBC2 Simon Mayo show, they had a representative from the Association of British Insurers present. On only one occasion did they have the legal profession represented, and most shockingly of all during NONE of these interviews did they involve any member of the public who has suffered from a whiplash injury.
I had always thought that the BBC, funded by me and you paying our licence fee, had a duty to present news impartially. Well I now know that nothing could be further from the truth. I called and emailed the Jeremy Vine show and asked to represent the victim of whiplash injuries, but they had no interest in putting across a fair and informed view. Clearly they wanted to push the angle which they did all day that “it is solicitors, claims companies and people claiming whiplash” that have caused the large number of claims that has led to the increase in our insurance premiums.
The real reason for the increase in whiplash claims and in insurance premiums, as I have blogged about earlier this month in Jack Straw On Radio 4 and Nick Starling From The ABI On The BBC is that the number of people claiming has risen because insurers have been pushing their insured, even forcing them, to make claims for whiplash and drive up the number of people claiming. Why? Well for the reason that I am writing about today: namely to attract media support for a campaign to either ban whiplash claims, or to make it much harder for innocent victims to make a claim. The negative media alone will now make people think twice about making a claim.
During the interviews which all featured the Association Of British Insurers (ABI), the ABI were asked why the claims had risen, and at no time did the BBC challenge them when they pointed the finger at the victims, the small amount of fraudulent claimants, or the solicitors or claims companies. The BBC accepted the ABI’s statements that it was nothing to do with their insurance company clients; or as they described them; the poor, beleaguered, loss making insurance companies. I had to reach for my tissues several times when hearing the ABI tell the BBC how it was unfair on their members, how they were just trying to make an honest profit and if all these dreadful people stopped claiming compensation they might make a tiny bit of profit again and their employee’s children might once more be able to eat. Oh pass me the sick bucket please! The BBC just lapped it up and at no point challenged the ABI on the truth of the rise in insurance claims, caused almost entirely by every insurance company pushing people to make a whiplash claim whether or not they were injured, just so that they could force the Government to make the changes that are now passing through Parliament. These changes that are now going through will stop innocent whiplash victims from keeping 100% of their compensation (a victory for the insurers) as they will now have to pay for legal assistance to make a claim. The insurers will save millions of pounds in compensation claims now, so the short term “hit” they have taken over the last few years while they pestered people to claim for whiplash when otherwise they would not have done so will pay them back handsomely in hugely increased profits (and don’t be foolish enough to think that insurance premiums will drop as a result, there is more chance of the BBC letting a whiplash victim talk on one of their programmes – and as you now know that never happens).
So ultimately who is going to suffer? The innocent victim! Great work by the insurers and the ABI for persuading the BBC and Government to take their message hook, line and sinker! Sorry for all of you who will suffer what can be a very debilitating whiplash injury in the future and not receive all of the compensation that you deserve.
Please add your comments below, we would love to hear your views:





