Andrew Underwood and I agree that there should be fair and reasonable compensation for injured people, and that developing a code of behaviour for multi-track cases could help both claimants and insurers (see [2005] Gazette, 2 June, 13).

The 'spiralling cost of claims' is not, however, the responsibility of injured people, who are claiming in smaller numbers. The government, by abolishing legal aid for personal injury claims, transferred the cost of failed claims from the taxpayer to the insurance industry. The insurance industry is responsible for escalating costs because, contrary to the spirit and intention of the pre-action protocol for personal claims, Association of Personal Injury Lawyers (APIL) research shows that liability is only admitted at the protocol stage in 37% of cases worth up to £5,000. The result is huge - but avoidable - costs in investigating liability on the claimant side. APIL respectfully suggests redirection of Mr Underwood's concerns to those responsible.


Uninsured drivers can be made to pay if the insurance industry and the government co-operate by agreeing to technology 'chips' on cars, which would be detectable instantly by the police. Failure to display would be an offence backed by court powers to order the offender to pay a fine to the Motor Insurance Board. The proposed Road Safety Bill presents an opportunity to consider this whole issue.


APIL does seek to ensure that the interests pursued are those of clients rather than its members. This is reflected in its code of conduct, consumer charter, and on-going safety culture campaign that aims to prevent needless injuries in the first place.


Allan Gore QC, President, the Association of Personal Injury Lawyers