The figures in relation to Whiplash claims do seem incredible but although the press are happy to sensationalise our “Compensation Culture” there are two sides to every story. David Cameron is meeting today (14th February 2012) with insurance, consumer and business groups to discuss what can be done.
BBC News - David Cameron pledges action to cut car whiplash claims
The vast majority of people who claim for whiplash have genuine injuries. They have, in many cases, been innocent passengers or drivers whose vehicle has been hit from behind by a careless driver. Should that driver (who is often clearly at fault) be allowed to get away with his negligent action? The Insurance industry states that if a vehicle is travelling at less than 6.25mph then the claim will fail. The problem with this argument is we are all built differently and some of us can withstand greater impacts than others.
If the 6.25mph limit is implemented who will be who is responsible for proving the speed at impact? Will it be open for a Defendant to simply say that they were travelling at less than 6.25mph and leave the claimant to obtain expensive expert evidence to prove otherwise?
There are clearly a number of fraudulent whiplash claims and they need to be weeded out but the vast majority of Claimants have legitimate injuries and the government is in danger of unfairly punishing them.
What is the answer?
The suggestion of a panel of approved court experts is a good one providing Defendants and Claimants can agree who should be on the list. A number of years ago APIL (The Association of Personal Injury Lawyers) and FOIL (The Federation of Insurance Lawyers) managed to produce a list of agreed Orthopaedic Experts and surely they could meet again and produce a similar list for Whiplash Injuries.
For more detail on Whiplash Claims see Jennie Jones’ article of 12th January 2012 Whiplash claims...scandal or a right to claim
Ivan Moody is a solicitor at Nockolds LLP with over 20 years’ experience of Road Traffic and other Personal Injury Claims
For help and advice contact the team on accidents@nockolds.co.uk
Ivan Moody (profile) 
Jennie Jones (profile) 
Rachel Davis (profile) 
Tuesday 14th February 2012
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Our Accident & Injury team offer expert advice on a range of claims.
Our wide experience and different areas of expertise mean we can assist with all types of claims for compensation, answer your questions, give straightforward advice and guide you through the process.
Make an appointment or come along on Saturday morning if you:
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have been involved in a car accident with minor injuries but don't want to deal with your car insurer's solicitor in Leeds;
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have suffered a servere injury at work and can't get back to work straight away or return to that job again;
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have had an accident on holiday or while travelling abroad;
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are unhappy or worried that the medical treatment you or a loved one has received is not as it should be;
As members of the Association of Personal Injury Lawyers and acredited as specialists by the Law Society, Jennie Jones and her team are committed to providing those injured with answers to their questions:
Do I have a claim?
We give you an honest appraisal of your claim, chances of succeeding, how long it will take and wherever possible how much compensation you may receive. If you do not have a legal claim, we will tell you and explain why.
Will it cost me to talk to you?
No, we offer a free initial consultation. We will then tell you if we can act on a No Win No Fee basis or find out if you have existing insurance that may cover your claim. We will explain all this to you in plain english with straight talking advice. If your claim is successful, then you will keep your compensation.
I don't want to feel like I am dealing with an insurance call centre and have to explain myself each time I call, how are Nockolds different?
At Nockolds all our clients have a named individual who deals with their situation. They will know you, your claim and understand how the injury has altered your life. There is no faceless communication. We would like to meet you to discuss your claim and you can come in and talk about your claim at any time.
Flexibility and Accessibility:
We know how busy life can be, so we do offer evening appointments and Saturday Surgeries on the first Saturday of every month (9.30am - 1pm) at our Market Square offices in Bishops Stortford, we can also visit injured people at home, hospital or work depending on where it is most convenient.
Call Jennie or her team on 01279 755777 or email at accidents@nockolds.co.uk. Alternatively, you can complete our online enquiry form.
Ivan Moody (profile) Jennie Jones (profile) Rachel Davis (profile) Sunday 28th August 2011
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Add our "International Accident & Emergency Helpline Card" to your packing list
DOWNLOAD YOURS HERE
The holiday season is now well underway. We all look forward to our holiday (once we are all packed, arrangements made, cat dropped off at the cattery and neighbours instructed on watering the tomato plants…). For most of us, the 7-14 nights away are bliss and give us important uninterrupted time with family & friends.
If it does not go according to plan, then at best we are left disappointed (and more stressed then when we left!) or at worst, needing medical attention. Over recent years, Jennie Jones and the Injury team at Nockolds have handled a range of claims arising from accidents on holiday. These include:
This year before you take your break, take a minute to know your basic legal rights.
Package Holidays:
If you have booked your holiday as a package (a combined price for transport, accommodation and, or excursions) then the holiday company are bound by English law under Package Travel Regulations. This allows the English court to deal with the claim and if you are successful and compensate you under English law. The company will also have to look after you in terms of getting you home and dealing with problems such as airline going bust!
Independent Travel:
More frequently, we now make travel plans independently, finding budget airline flights and our own accommodation. This gives us more flexibility but we do not have the same protection if something goes wrong or one of the companies involved goes bust.
There is some financial protection under the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995, but they will not bring you home.
If there is a problem while you are away, you are injured or the accommodation is not as expected, then what you can do depends on which law applies. Is it English law or that of your Holiday destination? Generally claims can be made here in England, but it is important to get advice from someone who specialises in these issues.
Consumer groups argue that the large organisations who use their websites to sell flights and bolt on hotel rooms, villas & car hire should provide the same protection to their customers as package holiday providers are required to.
However if you have paid for your Independent Holiday with your credit card you will have additional Consumer Protection.
This summer, Nockolds are running a free travel helpline and offering clients an emergency contact card to take on holiday .
DOWNLOAD YOURS HERE , PICK ONE UP FROM OUR MARKET SQUARE OFFICE, OR EMAIL JENNIE JONES jsj@nockolds.co.uk .
Clients can then get advice and guidance while they are away and hopefully make the most of what is left of the holiday or make sure they are in the best possible position to seek compensation when they get home. This service is part of the free initial consultation service offered by Jennie and her team.
Call Jennie on 01279 712537 for further information or to discuss your situation.
Alfonso Valero (profile) 
Dalila Segador (profile) 
Ivan Moody (profile) Jennie Jones (profile) Rachel Davis (profile) Tuesday 19th July 2011
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