Personal injury lawyers have won a huge victory in getting more compensation for injuries beyond whiplash.
The supreme court has rejected insurers’ appeals in cases about hybrid claims, allowing people to claim for other injuries alongside whiplash. This clarifies a gap left by the Civil Liability Act 2018, which only covered whiplash. The ruling aligns with common law principles for assessing non-whiplash compensation. Thousands of cases could be affected. The Association of British Insurers’ (ABI) wanted stricter rules, but the court chose a fairer approach.
Matthew Maxwell Scott, executive director of the Association of Consumer Support Organisations (ACSO), said:
“This looks the right call, and is a sensible middle ground which protects consumers both as injured parties and as policyholders. The insurer case always looked weak, as the wording of the Civil Liability Act is unambiguous and if they want this changed it is to parliament they must look, not to the courts.
“It’s good news that the wheels of justice have moved quickly here. With the judgment affecting hundreds of thousands of people each year, the huge backlog of cases can now start to be cleared and people get the compensation they are due. Moreover, insurers will be able to reserve more accurately and use this to bring average premiums down from their record highs.
“It is now down to the wider sector to work together to agree the frameworks which will allow claims to settle quickly. Importantly, it will also take many potential claims out a courts system which is struggling badly.”
Despite this victory, he also cautioned against complacency, highlighting insurers’ persistent efforts to curtail general damages in lower-value personal injury cases. He urged continued vigilance in defending consumers’ rights to fair compensation.
“This looks the right call, and is a sensible middle ground which protects consumers both as injured parties and as policyholders.”