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ARTICLE · 08 JANUARY 2019

Section 57 To Deter Fundamentally Dishonest Claims

In the fact of the incoming Civil Liability Bill, we expect Claimants to adjust their tactics to increase the value of claims.

United KingdomCriminal Law

In the fact of the incoming Civil Liability Bill, we expect Claimants to adjust their tactics to increase the value of claims.

The Civil Liability Bill is intended to fight fraud by reducing the financial rewards which have followed whiplash claims. We expect Claimants to adjust their tactics to increase the value of claims, including adding on injuries that sit outside the definition of whiplash contained in the Bill in order to escape the tariff system introduced.

On that basis, we predict the most significant problem facing insurers in the fraud arena is likely to be claims inflation through either exaggeration or layering. That exaggeration is likely to be rooted in not just the inflation of special damages (vehicle repair costs / physio and CBT) but also in an increase in general damages.

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