Whiplash claim hit my insurance, says driver

  • Published
Tom De Boinville
Image caption,

Tom De Boinville says he's angry about the whiplash claim made against him

The high cost of car insurance is partly down to the high number of whiplash claims, according to a report by MPs.

The House of Commons Transport Committee says insurance companies sell drivers' details on to lawyers who then encourage people to claim.

There has been a 70% rise in the number of claims over the past six years.

It is very hard to prove somebody does not have whiplash and those who make false claims can end up getting thousands of pounds, which pushes up the cost of insurance for everybody.

The report recommends the government changes the law so someone must prove they have an injury, and that it's having a big impact on their life.

It also wants a ban on insurance companies selling any personal details.

Twenty-three-year-old Tom De Boinville had a personal injury claim made against him after what he describes as a "tiny bump".

The other driver got £6,000 while he now pays an extra £250 for his car insurance.

'She was fine'

"I was on my way back from university in Newcastle and I was coming up to a roundabout," explains Tom.

"I thought there was enough time for the person in front of me to go, so I rolled forward.

"But the person in front hadn't gone and I went into the back of them at about 3mph (5km/h).

"We stopped in the middle of rush hour to exchange insurance details.

"The police turned up and went to her first, as she was the innocent party in this. She said she was all fine and went on her way.

"I was then taken into the police car and breathalysed - I hadn't been drinking so I was all fine."

Tom says the woman he crashed into was "flustered" but at the time didn't mention any injury or pain.

There also wasn't any damage to the woman's car.

'Ambulance chasing'

"I called the insurance company in the morning to explain and I didn't expect a big claim," Tom says.

"But two days later, I got a call from my insurance company saying there was a claim that the car had been damaged and they were suing for injury.

"I was really annoyed that something that small could lead to this.

"You hear about ambulance chasing and you just don't expect it to happen to you."

Tom said he sent off his version of events but his insurers said there was no point in contesting the woman's claim.

"There's so much case law against you was one of the things they said.

"You're asking the courts to accuse them of lying, and there's no chance of winning."

'Too tempting'

"I just had to grin and bear it," says Tom. "It's a sad state of affairs that society thinks it's the best way to make cheap money."

Image caption,

Any changes shouldn't make things harder for genuine claims says Tom

Tom says the accident caused his insurance premium to rise from £600 to £850.

He thinks that whiplash claims are too easy - and tempting - for some people.

"I guess it's because people see that it works. You make a claim and you're £3,000 to £4,000 better off.

"No-one is going to turn that down if it's handed to them on a plate."

He says the proposed changes in the law are a good idea, but reckons MPs must make sure they don't discriminate against people who are genuinely injured.

"The flip side is you've got to be careful you don't put the people who really need the compensation at a disadvantage.

"It's a difficult balance to strike," he admits.

Related internet links

The BBC is not responsible for the content of external sites.