Personal Injury Lawyers Debate

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Department: Ministry of Justice

Personal Injury Lawyers

Lord McFall of Alcluith Excerpts
Thursday 7th July 2011

(13 years, 5 months ago)

Lords Chamber
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Lord McNally Portrait Lord McNally
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If that is what I said in a Written Answer it must be—[Laughter.] Even more so, it just sounds right.

Lord McFall of Alcluith Portrait Lord McFall of Alcluith
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My Lords, the industry has called this its “dirty little secret”. Given that over the past 10 years personal injury claim payouts have doubled from £7 billion to £14 billion while road accidents have largely reduced over that period, is this not a clear case of market failure, and the Government should report this to the OFT to look at this issue and get this industry sorted out?

Lord McNally Portrait Lord McNally
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Whether it is a matter for the OFT or the regulator is a balance of judgment. The noble Lord is right that the figures are showing a doubling. One of the factors that one must look at is the unbelievable increase in whiplash claims, about which I know the Association of British Insurers has held talks with my colleague Jonathan Djanogly. It is far too easy to find in even the most minor of accidents that subsequently whiplash is claimed, along with quite substantial damages. One of the weaknesses in the system is that the insurance companies find it easier to settle and pass on the costs to the customer than to fight these bogus claims in the courts.