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In a commercial and competitive insurance market, it’s hardly credible to suggest that the amount of money paid out in relation to whiplash claims each year will have no affect on insurance premiums. That being the case, the issue of whiplash claims impacts on the finances of virtually every household in the UK and the spectacle of someone being berated merely for suggesting that that warrants a public policy debate around the issue is alarming.

My personal view is that if someone can demonstrate having suffered an appreciable injury as a consequence of a tortious act, they ought to have an entitlement to compensation as a consequence. I do acknowledge, however, that those who adopt that stance need to be prepared to stand up and justify their position.

The system necessary to facilitate accident victims receiving compensation has an impact on wider society and alongside legitimate claims, we will inevitably see some spurious claims presented by the unscrupulous. Stakeholders in this sector need to work diligently to tackle fraud. They also need to ensure that the cost of the system is kept proportionate and is not inflated through unjustifiable profiteering.

Against that background, some of the responses to this article are disappointing and do nothing to enhance the standing of the legal profession.

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