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What I don't get is this. You injure me through negligent driving. I am entitled under common law to sue you for the injury and other losses you have caused me. If I am successful you are ordered to pay me damages and I am entitled to enforce the judgment against you. If you have means, say a house or a car, which is of sufficient value to settle my claim I am entitled to effectively force you to sell them to satisfy my damages. You might be able to claim on your insurance but that is a matter between you and your insurer ( I know I have a legislative right to recover an unsatisfied judgment from your insurer). Now I cannot see how parliament can deny me my common law right to pursue you for my loss but if the insurer does not have to indemnify you for the value of a "small" whiplash injury, is that not in effect forcing you to accept a (possibly significant) insurance excess over and above the one you contract to accept, in which event how will you benefit from the reduction in your annual premium ( not that you will ever see it anyway ) if you have to pay me the first £xk of my claim before your insurer pays the balance?