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The way I see it pushing whiplash claims into the small claims track is the way forward. I think the risk of paying claimant’s solicitors costs forced insurers into a settlement mentality. If these claims can only proceed in the small claims court then the risk of paying thousands of pounds in solicitors costs is removed and the insurers will be more willing to fight.
My view is that whiplash is bedeviled with fraud due to a combination of factors including the tactics of claims management companies to harvest claims on an industrial scale and the willingness of the public to commit fraud if the risk of detection is slight which has been the case with whiplash.