Canter Levin & Berg Solicitors

The End of Compensation? Responding to the ABI's Calls for an End to Damages Payouts in Low Value RTA Claims

Ruth Bennett from Canter Levin & Berg Solicitors responds to a proposal from the Association of British Insurers calling for the removal of damages in low-value road accident claims.


Liverpool, UK -- (SBWIRE) -- 03/28/2014 -- In a speech this week, a senior figure within the insurance industry has called for a debate on whether compensation for whiplash and other minor road accidents should be scrapped.

James Dalton, head of motor and liability for the Association of British Insurers called for a public policy debate on whether or not to remove the payment of any damages in low-value claims. Mr Dalton proposed that insurance companies would only pay out for the medical treatment required by the injured person.

Major insurers in the UK have tried many times to limit the damages paid out to injured accident victims, however this speech marks the first time that a senior figure in the insurance industry has proposed a complete removal of these damages. This is a change which could potentially affect many of the thousands of people who suffer injuries in road accidents each year in the UK.

In comments made in his speech at the Modern Claims conference in London on Monday, Mr Dalton said:

"We need a debate about whether someone should be awarded money for a low-value, low-impact and very minor injury claim. It’s a debate about whether you should be provided with rehabilitation and no cash. That is a legitimate public policy debate for society to have and politicians to decide on."

As well as proposing an end to paying compensation for people affected by conditions such as whiplash, Mr Dalton also confirmed that the ABI was working to raise the small claims limit - the threshold below which legal costs will not be awarded in the event of a successful claim.

These proposals, if introduced, could mean many more people injured in road accidents through no fault of their having to cover their own legal costs, or representing themselves in court without legal advice from a solicitor.

Road accident solicitors respond to the proposals

Here at Canter Levin & Berg Solicitors, our road accident claims department deals with hundreds of cases every year involving genuine accident victims who have suffered injuries through no fault of their own. Road Accident Solicitor Ruth Bennett was concerned to hear about this latest attack by the insurance industry on injured accident victims and had this to say in response to Mr Dalton’s speech:

"The proposals in Mr Dalton’s speech, if put in to practice, would severely limit the ability of innocent victims to obtain quality legal advice, leaving genuinely injured people to pursue substantial and often very complex Court cases against Defendant insurers, who will likely have teams of lawyers to defend them.

Whilst Mr Dalton may consider cases with a value of less than £5000 to be minor that isn’t the case for the injured person involved. His proposal would leave victims of injuries such as whiplash (which can take up to two years to heal), fractures or scarring unable to afford access to justice.

The proposal for rehabilitation as opposed to a cash settlement is also flawed, as rehabilitation will help only certain people to recover from their injuries. This proposal would leave innocent accident victims without adequate recompense for the injuries they have suffered, and the impact these injuries could have had on their lives."

About Canter Levin & Berg
Canter Levin & Berg Solicitors are a law firm based on Merseyside offering a comprehensive range of legal services, including road accident claims, from offices in Liverpool and Kirkby. Our solicitors help people who have been genuinely injured in a non fault road traffic accident to claim compensation for their injuries.

To speak with one of our expert road accident solicitors to find out if you can make a compensation claim against the person responsible for your injuries, call Canter Levin & Berg Solicitors today on 0151 239 1180.