PI lawyer calls into question insurance company’s appeal for MRI scans to diagnose whiplash
Insurance giant AXA has called for mandatory MRI scans in all whiplash claims and a time limit on the appearance of symptoms.
AXA’s whiplash report, launched this week at a roundtable co-hosted by Jack Straw MP and AXA claims director and author of the report, Chris Voller, analyses the factors behind claims volumes and insurance costs across several countries.
Voller recommended adoption of the French system’s requirement for objective proof such as an X-ray or an MRI scan, and noted that French insurance premiums are on average €410 (£356), compared to €681 (£592) in the UK.
He called for the introduction of time limits for the onset of symptoms, as happens in the Swedish system, where symptoms that appear more than 72 hours after the incident are generally rejected. The average premium in Sweden is €369 (£321).
Voller said these two measures “demonstrate several elements which could be adopted by the UK and that we believe would make a significant difference to the cost of premiums”.
However, claimant personal injury lawyer Phil Waters, of Camps Solicitors, says: “The insurance industry continually issues figures about how much whiplash claims allegedly add onto motor insurance policies every year.
“However no one appears to be questioning the numbers, and these numbers are nine years old and somewhat out of date. The reality is that, according to official government figures, the number of whiplash claims has fallen to a five year low, with 60,000 fewer claims last year.
“AXA’s report claims that MRI scans and x-rays will help diagnose whiplash. However Dr Andre Brittain-Dissont’s evidence to the Transport Select Committee asserted that MRI scans and x-rays would only show broken bones and would not show stretched or torn muscle, a key sign of whiplash.”
Waters said he would prefer that all accident claimants have an independent medical check to avoid insurers making pre-medical offers. He said the Law Society gave evidence to the Transport Select Committee that the difference between a first insurance company offer and a legally represented compensation offer was on average 247% in favour of the accident victim.
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