The Law Gazette reports today that insurance big hitter AXA wants to see regulation change, forcing anyone wishing to pursue a whiplash claim arising out of a road traffic accident to bring that claim within 3 days of the accident. Going further, AXA want the change to include a requirement that the claim be submitted with evidence in support of the injury complained of e.g. an MRI scan or X-Ray.
The call reflects models used in France and Sweden with the aim of reducing the number of exaggerated or fraudulent claims. In Sweden for example insurers regularly reject claims brought more than 72 hours after an accident and Sweden’s record of successful claims is 46% less than the average seen within the UK.
It seems to me there is no argument the system has reduced the number of successful claims in Sweden and France and as solicitors we are as keen to avoid exaggerated or fraudulent claims as much as an insurance company but it does beg the question as to whether such a short period of time to act (3 days rather than the current 3 years) is too restrictive and actually bars legitimate claims and therefore a person’s right to seek remedy to rectify negligent acts against them.
Only time will tell
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