Cameron's intervention in the whiplash debate is a game changer

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The Prime Minister's sudden intervention in the debate about motor insurance costs and, specifically, the contribution of the steep increase in whiplash claims to rising premiums is a real game changer. I can imagine the top brass at the Association of British Insurers dancing a jig of delight around their Gresham Street HQ when the invitation to meet David Cameron arrived.

david-cameron-1737-18971443-0-0-7019074-300The Prime Minister has clearly decided he is going to take some action on this issue as he has chosen a high profile approach. Downing Street has a discreet back door as well as a very public front door and if the PM had merely wanted to get better informed on the issues, explore whether solutions were available and see if the various interested parties could be persuaded to work together to find a way of curbing the claims costs and associated premium increases he would have ushered in a more diverse group through the back door and most of us would never be any the wiser that a meeting had taken place. Instead, later today, the ABI and a group of leading insurers will arrive at the front door and, crucially, there appear to have been no invitations issued to advocates of the claimant perspective. I expect that there has been a barrage of calls to the PM's office today from lawyers trying elbow their way in on the meeting. The bitter complaints from the Law Society about being excluded tell a a crucial story.

That story, quite simply, is that the Prime Minister has already decided he is broadly on the side of the insurers and that he accepts the broad thrust of their proposals for remedying the problem. These have been well rehearsed elsewhere. The insurers must brace themselves for being asked to pay a price for this Prime Ministerial support, however. I expect that will come in the form of an immediate voluntary ban on accepting referral fees - in advance of legislation - and a firm commitment to invest in telematics and better training for young drivers.

Whatever the outcome of the meeting it is a splendid feather in the ABI's cap that its sustained lobbying and publicity campaign has paid off so handsomely. It is now a case of watch this space.

14 Feb 2012

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Government stance is a victory for common sense

The Prime Minister's support for a more proportionate civil litigation regime, which better balances the costs of litigation with the desire to ensure continued access to justice for meritorious claims - which is his government's stated policy objective - should not be interpreted as the Prime Minister siding with the insurers. The current costs regime is widely acknowledged to be in a mess, and as Lord Woolf's reforms illustrated a decade ago, fixing it is not easy. This government has, to its credit, pressed ahead with the Jackson reforms initiated under the Labour Government which aim to do just that. While the LASPO Bill might have been silent on the issue of banning referral fees at the outset, it is to the credit of the MOJ that it has been minded to change course. The government is right to set its current course. The Prime Minister is also right to ask the insurance industry what we can expect in return by way of cheaper insurance premiums. Parts of the insurance industry have already come out in support of the critical issue of banning referral fees. The industry is also open to discussion on how we might better deal with whiplash claims going forward. If the Government and the insurance industry are able to come to some kind of understanding on how the brave new world might work in practice - and what benefits might be derived for policyholders who have experienced large hikes in premiums over recent years - then that should not be construed as a victory for the insurers over the claimants lobby, but rather a victory for common sense.

Posted by: Mark Twigg, 15 Feb 2012 | 11:29

  

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