Can I have my £395.50 back please?

Like we’ve said before, we here at YouClaim Towers do tend to keep a track on the news, and not just because we’d like to try and work out where along the line Roy Hodgson’s name got tipped for the England job. 

A couple of days ago, we read a news story in the Daily Mail (http://www.dailymail.co.uk/news/article-2137133/Motorists-face-crackdown-fake-whiplash-claims-prove-injured.html?ito=feeds-newsxml ) talking about the tougher measures set to be put forward to weed out bogus whiplash claims, and that Ken Clarke, Justice Secretary, and Justine Greening, Transport Secretary, would be holding a summit at Whitehall this week to tackle “the growing whiplash epidemic”. 

Now, although we and our panel solicitors are firmly against fraudulent claims, we have noticed a couple of points in the press about these new measures to tackle fraudulent whiplash claims that we wanted to bring to your attention. 

Firstly, GPs are claiming that a quarter of the 600,000 claims made each year are fake or overdiagnosed.  If a solicitor has a client who may be making a claim for whiplash-style injuries who requires a medical diagnosis, as well as making use of notes from the client’s GP (if the client has seen their GP after the accident), they send the client to a medico-legal expert who provides a report on the client’s injuries.  The medico-legal expert is a qualified doctor whose obligation is to provide an honest report that they are obliged to treat as a potential court document, even if the case never makes it to court. 

The expert is in no way obliged to ensure their report favours the solicitor’s client, their medical opinion is provided on a completely independent basis, with a view to making sure that the case is settled in the appropriate manner, not in the favour of the solicitor who hired them.  Cases therefore, often rely on information provided by medical experts as evidence to help progress the case.  If GPs are concerned that claims are fake or overdiagnosed, we aren’t sure how else this can be combatted other than suggesting GPs, and not solicitors, need to re-examine their approach to treating whiplash-symptomatic patients, as solicitors trust a medical expert’s word on a case. 

Secondly, a recent article in The Telegraph suggests that one of the proposed reforms includes giving insurance companies access to the DVLA database.   (http://blogs.telegraph.co.uk/finance/ianmcowie/100016479/new-clampdown-on-whiplash-claims-could-cut-cost-of-motor-cover-but-raises-big-brother-fears/)  This is something we’re not sure we feel comfortable with.  While it may seem as though giving insurers more information will help to reduce car insurance premiums, there doesn’t seem to be any explanation behind this other than letting insurers check details given to them by drivers applying for cover.  Does this mean that it will automatically be assumed that a driver applying for insurance cover is going to have their personal details cross-checked by a private company (who the driver may not even decide to take out their policy with)?  It almost feels like a driver is going to be accused of being guilty until proven innocent in any potential motor insurance claim they may need to make. 

Thirdly, an article in Sunday’s Mail on Sunday (http://www.dailymail.co.uk/news/article-2136802/Whiplash-doctors-launch-war-injury-fraudsters-try-cut-rising-price-insurance-premiums.html?ito=feeds-newsxml) says that insurance companies are also considering inserting warnings into their motor insurance policies telling policyholders that they will challenge any whiplash claim.  We appreciate the need to challenge some whiplash claims, which may be fraudulent.  But isn’t this something that will put genuine whiplash sufferers off making a claim?  Once again, we feel like we, as drivers, are being accused of being guilty until proven innocent. 

Finally, we understand that the average insurance policy has doubled since 2008 to £971 in January this year.  We are told that £90 has been added to the average policy as the result of whiplash claims, but even without that £90, that’s still an average increase of £395.50.  There’s no indication that extra increase comes from whiplash, or even where it comes from.  We’d quite like to know where that money’s gone!  Of course, in an ideal world, we’d like that average £395.50 back (or 40%, whatever’s more appropriate), but we don’t see that happening. 

At YouClaim Towers, we believe that everyone should be entitled to make a claim for any injuries they experience as the result of an accident they have been involved in, that wasn’t their fault.  It doesn’t seem fair to us that we have to pay for that right to make a claim.  But if that extra £90 on the cost of an average motor insurance policy is the unavoidable result of everyone having access to that right, then perhaps this is a necessary expense.  We always assumed you couldn’t put a price on justice, but apparently, this has proven us wrong.

"Black boxes" make young drivers safer

It’s a sad and frustrating fact for many seventeen and eighteen year olds passing their driving test that now, their motor insurance will cost a premium, rising into the thousands of pounds and putting the new-found freedom that they have at risk of being ‘parked’ due to the expense. 

So, it would follow that if a young driver would be able to do something to reduce their insurance premium and make getting behind the wheel more affordable, they would, wouldn’t they?  Well, according to research from a major insurer, “black box” insurance (or telematics, to give it the proper name) will reduce car insurance for those young drivers thanks to…black boxes having made those drivers safer. 

An analysis of 10,000 drivers aged between 17 and 25 making use of “black box” technology for their insurance are 20% less likely to have a crash than those with standard insurance.  The research also showed that those drivers using black box technology that do make a claim have less serious accidents, with a typical claim coming in at 30% less than that for non-black box drivers.  Some impressive statistics for a technology that bombed after one insurance company ran a pilot scheme in 2006, with cost (customers were expected to pay £50 towards installation) and constant monitoring being the main factors for this. 

But today, the technology that supports black box driving is very simple; drivers agree to having the black box fitted (for free) under the dashboard and although the driver can’t see the technology at work in the car, they can check how they’re doing online.  Logging into a website with a personalised ID will allow you to see a regular score that you’ve been given, between 0-5 (with 0 being the worst and 5, the best).  If you do things like driving fast round corners, or driving after 11pm and before 6am, your score drops.  Effectively, this technology makes the young drivers who use it more aware of other road users, more cautious, and therefore, better drivers as a result. 

We at YouClaim Towers are very impressed with this; while we happily act on behalf of those injured in a road traffic accident that wasn’t their fault, we are very happy with the idea that young drivers are becoming safer drivers.  Encouraging a generation to become wiser, safer and more observant drivers, even if the carrot is a money saving exercise, is a great cause.  It’s also a far cry from the failed pilot scheme, particularly as now, drivers are more used to driving with Sat Navs, Bluetooth-friendly phones and other technology fitted in their cars – what’s one more to be concerned with? 

Black box technology is also engineered so that only the driver and their insurer can access the information; police can obtain data with a court order, but only if they believe the driver has broken the law in some way, or endangered the lives of others through their driving.  The police have already been made use of the scheme to recover several stolen cars, with one being tracked down within 20 minutes, and the thief arrested. 

When we look at how the face of driving is changing and is being shaped for the future, black box insurance is something that we think will come to the fore; from December, an EU directive will stop insurers using gender as a means of determining how risky a motoring prospect is.  Black box technology’s now proven ability to reduce car insurance premiums will make it more attractive to those looking to get a good deal on their insurance, not just for younger drivers, but for those responsible drivers who may have been affected by the gender bias and other risk factors outside of their control. 

Us YouClaimers will be watching it closely, and we’ll certainly consider fitting it to our cars to reduce our insurance premiums.  Ultimately however, the real benefit is the generation of safer drivers we’ll be sharing the roads with. 

Highway to the danger zone...

Here at YouClaim Towers, we take great interest in reading all about ideas to up road safety and reduce accidents.  As a matter of fact, we agree completely with having safer roads, but we’re also happy to represent clients who wish to make a claim for a road traffic accident that wasn’t their fault. 

Over the past week, two articles with an underlying message of “let’s all be a little bit safer” have come to our attention, one (to our minds) aimed at pedestrians, and one aimed at road users.  We’d be interested to know your thoughts on both of them, because we can’t help but feel that, when it comes to the media, no matter which way the situation gets looked at, there’s one party “to blame” and one party “innocent” in its actions. 

First up, is the Daily Mail’s warnings about the time motorists are most likely to hit pedestrians.  It’s 8.38am in the morning. 

http://www.dailymail.co.uk/news/article-2114997/8-38am-time-motorists-risk-hitting-pedestrians.html?ito=feeds-newsxml

Reading the article, there’s certainly something to be said for the way it is pitched, placing more of the danger blame at the foot of the pedestrian, rather than the motorist.  The figures in it come from an insurance firm, and highlights that one in ten pedestrians crossing the road are fixed on gadgets, rather than paying attention to road safety.  But at 8.38am, this figure leaps up to more than one in five, while one in eight workaholics admit to regularly crossing the road while dealing with work matters on the phone. 

It’s certainly alarming that so many pedestrians would put themselves in danger, and here at YouClaim, we’ve dealt with cases where accidents have been caused by a lack of due care and attention, not only on the part of a driver, but on a pedestrian as well.  So yes, there is an argument to say that poor road awareness is all the fault of the mollycoddled pedestrian, who can no longer laugh accusingly at drivers, telling them they should always be on the lookout for a pedestrian, no matter how much attention that pedestrian might be paying to the road. 

But all you enraged, indignant pedestrians who feel that, no matter how carefully you treat your journey, you will invariably have to be careful of dangerous drivers who pay no heed to anything but their own vehicular progress, can find salvation in article number two, below;

http://www.manchesterconfidential.co.uk/News/Manchester-considering-city-wide-20mph-speed-limit

Manchester City Council are considering a city-wide 20 mph speed limit on all of its residential roads.  So, that’s good news for pedestrians because drivers will be forced to curb their speed, therefore meaning that they will have to pay more attention and pedestrians (and cyclists too) will be safe to walk (or bike) another day. 

But you only have to read some of the comments below the article (if you hadn’t been able to put two and two together yourself on this) to see that this is a thoroughly divisive topic, and not just because of the potential cost to the taxpayer. 

To be fair, at YouClaim Towers, we have a bit of a vested interest in this, as we are based up in Manchester, and we can tell you that existing 20 mph speed limits can hamper our journey to work, and do not necessarily help with the safety of pedestrians.* 

Our thoughts are this; the issue of road safety is not black and white.  It is not solely down to a driver, or a pedestrian, or a cyclist, to ensure that no other party is injured during their progress to their final destination.  Everyone needs to play their parts and make sure that they use our roads in a safe and responsible manner.

At YouClaim Towers, we will always act on behalf of those who’ve been involved in a road traffic accident that wasn’t their fault but if your neglect to pay attention to your surroundings was part of the reason your accident happened, you will be greatly affected when it comes to making a claim, and you may not be able to make one at all. 

We were all taught the Green Cross Code when we were younger, (I’m from the Super Ted generation, and those of you older will remember the Green Cross Code man…); it’s important that we keep using it now we're older! 

Whether it’s David Prowse or Dotty, remember your Green Cross Code. 

*Particularly when it hits 8.38 and a slew of oncoming pedestrians step out off the pavements and directly into your path, and you have to pay even more attention to where they’re going. 

Under Pressure to Perform

Here at YouClaim Towers, many of us own a car and enjoy driving it to and from work, and we know that there’s a great deal of you out there that do the same.  And out of those drivers, there’s another group who don’t just use their cars for commuting, but for business.  It could be to drive to or from client appointments, you may be a sales rep and spend a great deal of your time on the road, or it may be that you work from a couple of different offices, and spend your time driving between them. 

Whatever the reason you find yourself a business driver, a recent report that YouClaim Towers has come across (from commercial insurer RSA) revealed that a frightening one in four business drivers are being put under pressure to get to appointments on time or meet targets, which is leading to dangerous, and in some cases illegal, driving practices. 

The fact that so many people are driving dangerously in the name of work is deeply worrying.  According to the findings, a fifth of business drivers exceed the speed limit, one in ten drive through red lights, undertake slow vehicles or drive when tired.  Up to one in seven answer work calls while driving without using hands-free equipment, more than a third eat and drink while driving and a fifth smoke. 

Do any of those driving no-nos sound familiar, and might they be some of the things you do?  If your answer is yes, then we advise you to stop doing them.  Stop doing them straightaway, because they are dangerous and you could cause an accident.  Don’t believe us?  Well as many as a third of road traffic accidents involve someone driving for work, and it is forecast that they cost the UK economy £10bn each year. 

Interestingly, the study has also pointed out differences between UK regions, genders and types of business drivers, and it would appear that the fairer sex are the safer drivers, with women half as likely to send emails while driving than men.  And woe betide you if you’re a Scottish business driver; you’re the most dangerous business driver in the UK, with three quarters of you getting phonecalls on the move, and a third of those calls being answered without a hands-free kit. 

If you’re a sales rep, please stop off at the nearest service station before you reach for your phone.  More than a fifth of you check your texts and appointments on a mobile device, and half of you eat and drink on the go.  You’re the most dangerous business drivers and you’re making us all worried; we’d rather you didn’t have an accident. (and yes, we know that we sound like your Mum now…) 

Ultimately, we’re happy to act on behalf of those people who’ve been involved in a road traffic accident that wasn’t their fault, and our panel solicitors are very experienced in dealing with road traffic accidents of every description, from a rear end shunt to a head on collision.  But, we are very unlikely to take your case on if you’ve knowingly caused an accident by driving dangerously.  Not to mention that we’d rather drivers be safe and drive responsibly.  Realistically, the best way of avoiding an accident while you’re driving for business is to concentrate on driving, and not get distracted by your phone/the time/food or something else.  Make sure you take regular breaks, and don’t allow work pressures to force you in to driving dangerously, it’s simply not worth the risk. 

3, 2, 1...and breathe

Here’s an interesting piece of news that you may not have come across over the past week.  It was reported in The Telegraph and various other papers and trade titles, and while it doesn’t imminently concern us, it’s something that’s very likely to be in all our futures. 

The French Government is making it mandatory for all cars on French roads to carry portable breathalyser devices. 

What, you might think, does this have to do with me, oh lovely people at YouClaim Towers?  Why feel it necessary to bring this to my attention?  Well, good reader, it’s important to be aware of this because France isn’t the only country looking at this move.  If it demonstrably lowers accident rates in France, then it’ll encourage other countries to follow suit (not to mention that you may find yourself driving in France after July, when the measures are introduced, in which case you’ll need to carry one too). 

Interestingly, the Transport Select Committee took evidence last November on the benefits of bringing in legislation to make interlock ignition systems mandatory in the UK, particularly where drivers have been convicted of drink driving.  These systems, centred around use of a breathalyser, shut down a vehicle when a pre-set amount of alcohol is detected in a driver through a breathalyser test. 

And we and our Gallic friends aren’t the only European countries to look at breathalysers in cars.  Finland, Belgium, Sweden and The Netherlands are all in various stages of adoption and implementation of the legislation, while Austria and Slovenia are running pilot projects. 

Meanwhile, across the pond, an organisation called Mothers Against Drink Driving (their acronym is MADD…only in America…), is pushing for legislation to be passed that will see anyone with a drink driving conviction have an interlock ignition system fitted in their car.  In the USA, there are already interlock systems put in place for drivers that have multiple convictions, and as at 2009, it was estimated that these systems were fitted in about 150,000 cars, but the MADD demand would see that process expanded on a mammoth scale. 

Added to that, there’s already advances in technology that plan to make cars more of a computer than ever, including sensors to detect whether someone is over the drink drive limit by reading their facial expressions or the way they interact with the gearstick.  And according to Ford’s CEO, these may only be a decade away: http://www.dailymail.co.uk/sciencetech/article-2107436/Ford-chief-Dramatic-advances-technology-mean-autopilot-cars-decade.html

It’s fair to say that when we first set out to write this blog, we didn’t for one moment assume that in-car breathalysers were seriously considered across this many countries.  And we’re sure you didn’t either.  Indeed, you might ask the rhetorical question, why have an in-car breathalyser at all?  If you even think you’re over the drink drive limit, don’t drive.  Simples.  You can bet that the Institute of Advanced Motorists, the AA, the RAC, the police and any other organisation responsible for driver safety will agree. 

Remember, if you were over the drink drive limit and you’re caught, you’ll be prosecuted to the full extent of the law.  And surely, if you get pulled over by a police officer, and they breathalyse you, it will be their breathalyser that the results get taken from, not the in car, portable one? 

Our panel solicitors will act for you if you’ve been injured in a road traffic accident that wasn’t your fault, regardless of the presence of a breathalyser in yours, or the other party’s car, so please do get in touch with us if you’d like to place a claim. 

We’d really be interested to know your thoughts on this one, so please feel free to comment below.   

The big freeze - our top tips for coping in wintry conditions

At a time of year when the Met Office has placed us on “yellow alert” (quite a military-sounding term if you ask us at YouClaim Towers!) because of the snow, ice and hazardous conditions, we thought we’d give you some top tips for surviving out there, in those arctic conditions. 

Some of it may seem like common sense, but remember that if you fail to prepare, you should prepare to fail!  And you’d be surprised at how much of this people forget to do…

If you’re making a car journey

In poor weather conditions, firstly determine if you need to make the journey in the first place.  Non-essential journeys, that can be made at a later time, should be made at a later time.  But if you need to get behind the wheel, make sure you leave extra time for your journey in case you encounter bad weather hotspots or accidents.  Do drive more slowly.  It might sound like obvious advice, but if our roads and pavements are to be battered by freezing rain, then you might encounter more ice than usual, and you can’t always be sure that the roads you use are going to be gritted.  You also can’t account for other drivers, and while you might take advice on safety, some might not. 

If your car gets trapped or stuck, it will be important for you to have provisions on hand, as the emergency services will be getting more calls than usual and you may have to wait for a while for them to get to you.  Make sure that your mobile phone is fully charged (not to read our blogs while you’re stuck, but to call for help!) and that your car is stocked with a blanket and a warm jumper, ice scraper, thermos flask and sandwich (if you’re taking a longer journey, or even if you’re worried you might get hungry), a torch and a portable spade to help you see in the dark and help you dig yourself out of a potential hole. 

If you’re walking/taking public transport

Again, your first golden rules are to only make essential journeys, and to leave plenty of extra time, particularly if you’re using public transport.  While bus and train operators will be doing their utmost to keep services running normally, they cannot account for accidents and sudden changes in the weather.  Take matters into your own hands and get there early if you need to! 

Also, remember to walk carefully.  Local Councils prioritise which areas require gritting and pavements are usually awarded a lower priority than roads (with different types of roads being awarded different priorities).  Even if the pavement looks clear, it may have black ice on it and sprained ligaments could await you as a result!  As your Mum might say, wrap up warm.  A scarf, hat and gloves to accompany your coat are all important – it isn’t just about accessorising, it’s also about staying warm and healthy! 

In public places

Of course, taking care wherever you are is vital.  If you’re walking to/from the entrance of a shop or other public place, be aware for patches of ice that may have been left ungritted, or other obstacles that will cause a hazard in wintry weather, such as unattended shopping trollies, discarded rubbish that has frozen over and become stuck to the ground and tree debris. 

Local Councils, shops, pubs, restaurants, museums and just about every other public place you can think of are legally responsible for your safety while you’re on their premises.  So for example, if you fall over as a result of ungritted ice outside a supermarket, then you are legally entitled to make a claim against that supermarket for not protecting your safety. 

While we don’t want you to get injured, if you do find yourself involved in an accident, and it wasn’t your fault, you are entitled to make a claim for the personal injury you’ve sustained.  Our team of panel solicitors are experienced with these kinds of claims and are able to guide you through every step of the process. 

Remember, stay safe and stay warm! 

Is being injury prone down to where you live?

It may surprise you to hear this, but according to market research, if you live in either Cardiff or Norwich, you’re more likely to be injury prone. 

A nationwide survey on types of injuries people have suffered revealed that these two cities are the UK’s injury hotspots, each coming out top in three of the injury categories in the survey.  Cardiff residents are most likely to suffer from broken bones; toe and foot bones, legs or hips and bruised or cracked ribs, where if you’re from Norwich, you’re more likely to have broken teeth, tendon and soft tissue damage, and ligament damage. 

Newcastle and Sheffield are not far behind either, with each being top in two injury categories.  According to the survey, Geordies suffer the most from back injuries and cuts and bruises, while Sheffielders stand most at risk of head and neck injuries. 

Wondering about how much stock to put in this survey, we at YouClaim Towers asked what members of our team we had from the top four cities what experiences they’d had, and if they backed this survey up.  Our resident Geordie admits to being clumsier than a small heard of elephants at a particularly dainty china tea party, but thinks this is more down to her general lack of balance than her North Eastern routes, while our lady from Norwich has never had an injury, either in the city or elsewhere. 

While this data will certainly cause a bit of a giggle, it’s likely that you don’t need to hold it as the Gospel truth – if you’re in or from Newcastle, you’re just statistically likely to have suffered from back injury; you’re not going to get struck down by the back injury fairy!  Likewise, those cities that haven’t come top in more than one category (like Manchester, Birmingham and London), have large populations and are going to be likely to hover around the second and third spots in many of these categories, simply because of their overall size.  Also, the survey only questioned 1,500 people in total…hardly enough to create a conclusive map of where certain types of injuries are most likely to happen. 

For us here at YouClaim Towers, the message is simple – no matter where you live, if you sustain an injury, you need to make sure that you receive the proper medical treatment for it.  And if the injury you sustained wasn’t your fault, be it at work, on the roads, or at a public place, you are entitled to seek compensation for your injuries.  Our wonderful team of panel solicitors can help you do this on a no win, no fee basis and are some of the best solicitors in the UK.  If you have any queries about whether or not you may be entitled to seek compensation, do give us a call 0800 10 757 95, or use our Live Chat facility, which you can find on our homepage – www.youclaim.co.uk .  We’re happy to help you work out if you’ve got a claim, and help you to start the claims process if you do have a claim. 

By the way, did you know that 78% of all survey data is made up…?