Transport Committee pushes for tougher whiplash action

Whiplash is currently more than just a pain in the neck to injured motorists, but also a pain in the wallet for all drivers when it comes to car insurance.

Because whiplash, alongside other factors such as the rising price of fuel, is making the cost of motoring soar by ramping up insurance premiums by a considerable degree.

So blatant has the abuse of whiplash claims become, that the Commons Transport Committee has gone to war against the myriad of fraudulent claims taking place these days.

MPs have called on insurance companies – along with less scrupulous solicitors, and “victims” of shunts which are nothing more than a minor nudge of the bumper – to abandon their “sharp practices” in pushing through accident claims.

Something has to be done about the vastly increasing cost of car insurance, and the many uncontested claims for whiplash perpetrated by professionals such as solicitors and doctors (the ones who are completely lacking in the ethics department, not the above board lawyers out there, of course).

Louise Ellman, Transport Committee Chair, commented: “Although we strongly support access to justice, drivers should not be railroaded by cold callers into launching legal action. The insurance industry must abandon sharp practices that push up premiums such as passing drivers’ personal data to other parties or taking secretive referral fees from solicitors, garages and car hire firms.”

Basically, the insurers are making money on such referral or other fees, and then shaking their heads woefully as they announce premiums have to be upped because of high levels of injury claims.

A sizeable proportion of these dodgy claims are for whiplash, mainly because the diagnosis of the injury is so subjective, it’s difficult and potentially costly for insurance firms to dispute.

Ellman said that the threshold for receiving whiplash injury compensation amounts should be upped, so the number of claims falls “significantly”.

She added: “The Government should bring forward primary legislation to require objective evidence – both of a whiplash injury and of it having a significant effect on the claimant’s life – before compensation is paid.”

While the government has recently made the decision to outlaw referral fees, they are only applying this rule to personal injury cases.

However, the Transport Committee would like to see a more sweeping ban of referral fees paid to insurers in all cases, bringing forward a greater level of transparency when it comes to seeing how these firms turn a profit.

Labour Standards Act Attracts Japan’s Compensation Industry

Long working hours has drawn attention from Japan’s compensation industry in a bid to maintain the overall occupational health of the Japanese population and to encourage a healthy working life.

The Labour Standards Act which came into effect in April 2010 has set the legal limitations of employee compensation for overtime in order to ensure employees aren’t dealing with a loss in earnings and the system isn’t abused by employers.

The Act substantially protects employees and ensures they are receiving a reasonable wage for the level of work they undertake.

The Act outlines that an employee must be paid an overtime compensation of 50% higher than the standard non-overtime wage they receive, if they work more than 60 hours of overtime in any given month. Before this new law, the overtime ‘lift’ was set at 25% irrespective of how many hours of overtime the employee had put in.

Before the Act all employers had to determine a labour management agreement to allow its employees to work overtime within their company; the Act outlines new provisions which ensures if workers agree to undertake more than 45 hours of overtime in a month a compensation rate must be set and the rate must be higher than 25%.

The new law also ensures that an employee can now choose to take annual leave by the hour or by the day.

 

New Law To Ban Texting While Driving

A new law is coming into place in Texas, US which will make it unlawful for drivers to receive and send text messages using a handheld phone whilst driving.

The new bill is set to become effective by September this year and has been enforced across multiple American states in a bid to curb related accidents.

According to statistics, drivers are 23 times more likely to be involved in an accident whilst using phones and driving.

In Texan law, the illegal act of sending and receiving text messages is relatively new and has left many wary of it, despite the obvious added implicated dangers it can bring whilst driving.

Many people have been left wondering how it would be possible to enforce such a law on a wide scale, and has also drawn attention to other dangerous things that people do whilst driving. The critics of the new law are wary as to how to would be possible to prove someone has been receiving and sending text messages, with many questioning if the police would have the capabilities of checking through an individual’s phone, which could raise questions of privacy laws.

In light of this new law, the right to privacy and safety issues, public awareness has been called for in determining the boundaries involved.

 

Personal Injury And Wrongful Death Case Will Not Be Heard Until February 2013

Leading car retailer, Toyota has had sudden acceleration problems in some of its vehicles found.

An accident which occurred in Utah, USA, in which killed two people, has drawn attention to this issue with the company’s vehicles.

Recently a court has ruled that the first trial surrounding the case will not be heard until February 2013. The Toyota Camry will be the focus of the trial conducted for personal injury and wrongful death.

The first of the trials is the case known as Van Alfen vs. Toyota Motor Sales U.S.A. This case will be for the families of the two people killed in the Utah car crash in November 2010. The first of the two people killed died at the scene, the second passed away the next day.

The second trial after this case will be head in May 2013; as the Californian court ruled this last week, it still stood unsure as to if the trials will concern the issues of economic loss.

However, if they do concern economic loss, the court stated that only Californian car owners will be able to make claims of economic loss and will benefit from the consumer laws currently in place in the state.

Class action has been taken against Toyota from consumers, and it is thought that if the company losses these cases the litigation alone could cost Toyota up to $3 billion.