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We constantly read in the news about the ‘compensation culture’ and fraudulent claims. It is important to highlight however that compensation is not paid simply because someone suffers a personal injury.
Accident Claims And The Compensation System
The compensation system in the UK is fault-based. To make a claim, a claimant has to establish that another party owed them a duty of care and breached this duty, and to show what injuries and losses were caused by this breach.
If the claimant fails to establish any of these facts, their claim will fail. The perception that compensation is paid out for any accident is therefore incorrect.
While there will be some who pursue fraudulent claims, it is important that the focus on reducing those claims does not prejudice genuine victims. Many accidents have lifelong consequences for claimants, and it is important that those who need permanent care or are unable to work again receive appropriate compensation.
No Loss To Taxpayers
Many people are not aware that the NHS and the Government can recover costs relating to personal injury claims, such as social security benefits and hospital treatments, from the negligent party’s insurers.
Insurers are required to register all personal injury claims with the Government’s Compensation Recovery Unit (CRU), part of the Department for Work and Pensions.
Insurers are also urged to pay for victims to have private rehabilitation, such as physiotherapy, further reducing the strain on the NHS.
In effect the insurer responsible has to repay at least some of the costs arising out of the injury. These recoveries make a significant contribution to the cost of accidents and injuries to the tax payer.
How Can Nelsons Help?
Associate Helen Froggatt specialises in personal injury claims.
If you have been involved in an accident, please contact Helen or a member of our team of Personal Injury specialists on 0800 024 1976 or using our online contact form and they will be able to assist.