Motorcyclists, cyclists and pedestrians should be exempt from the government’s proposed “whiplash” reforms, one of the UK’s largest personal injury firms has said.
Fletcher’s Solicitors, which handles about 30% of motorcycle accidents in England and Wales, said a blanket approach would risk denying justice to vulnerable groups. It said about 18,000 motorcyclists make up ten per cent of all casualties despite motorcyclists only accounting for 1% of all road use.
The Ministry of Justice proposals aim to deter fraud by removing compensation for minor whiplash claims or replacing it with a fixed sum. The Ministry would also raise the small claims limit from £1,000 to £5,000 in personal injury claims—costs cannot be recovered in the small claims court, even if successful.
Ed Fletcher, CEO of Fletchers Solicitors, said: “We estimate less than 0.0002% of motorcycle claims involve findings of dishonesty.
“The proposals also fail to take into account the complex nature of accidents involving vulnerable road users who aren’t protected by a car when an impact takes place. Not only are their injuries more complex and varied as a result, but also, in our experience, the question of who is to blame is twice as likely to be disputed in motorcycle cases compared to the average motor claim.”
Fletcher said any reforms should emphasise the distinction between “occupants of a vehicle” and vulnerable road users.
The consultation, Reforming the soft tissue injury (whiplash) claims process, closed last week. A Ministry of Justice spokesperson said it would be “some weeks” before it publishes its response.
