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This needs some understanding of how an insurance company operates. For instance, insurers have struggled with making a profit due to whiplash for years, even now, post jackson insurers on average are operating in excess of 100% combined operating ratio thus no profits. Smaller insurers seem to do better, usually due to being able to have controls on smaller volumes but they will be forced to complete with the less efficient larger insurers. All that larger insurers are worried about is an average cost to which they can rate - premiums will drop. The only reason they have not post jackson is due to increased claims farming, a scary level of late reported instances (from cold calling the nation) and increases in physio charges, engineers fees etc to bring the cost back to profit. Above all lawyers are usually not lawyers due to dropped fees and claimants are treated with the smallest number of 'touch points' rather than a full consultation. This speaks for a majority of cases worth less than 5k. Defendant lawyers are worried, but they often encourage spurious defences, LVI etc and fuel the flame, inefficient insurers again lean on defendant lawyers to solve their problems rather than deal with it themselves. I think that a voluntary process is needed, outside of MOJ, and CPR with arbitration rules so everyone is happy.