09 June, 2023
In January this year we reported on the Court of Appeal's decision to allow Claimants in RTA claims to be compensated separately for whiplash and other injuries.
This week the Supreme Court have granted permission to the ABI to challenge that decision. This is a welcome decision for motor insurers and those representing them who consider that if the decision is not overturned it will lead to double compensation. The ABI said that it risked undermining the intent of the so called "Whiplash Reforms" which were intended to compensate, with a specific tariff, all symptoms arising out of the specified injuries, i.e. whiplash.
The dissenting judgment of the Master of the Rolls gives defendants hope that their arguments could be successful. He pointed out that in both cases before the Court of Appeal the whiplash injuries had lasted longer than the non-tariff injures, and that there was no loss of amenity caused by the additional injures that was not also caused by the whiplash. His view was that parliament had legislated for the only award that should be made for all the PSLA caused by whiplash, even if concurrent with other injuries, was to be the tariff award. Only if the non-tariff injuries lasted longer, then the effects of the whiplash should increase compensation be awarded for that aspect of the PSLA.
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