Posted: December 20th, 2017
The result of report released by the Personal Injuries Commission (PIC) shows that the rate of whiplash injury is much higher in Ireland than in most other European countries.
The Personal Injuries Commission, which was set up in early 2017 to review compensation claims with a aim of looking closely at the surge in soft tissue and whiplash claims.
Car insurance costs grew by 70% between 2013 and 2016. Exaggerated/fraudulent claims are being held responsible for this surge.
The Commission reveals in the report that it is of the opinion that establishing an independent medical panel to review occurrences of whiplash injuries would interfere with a claimant’s rights, so it is not calling for that course of action to be introduced.
Alternatively it calls for the establishment of a uniform approach for medical staff dealing with whiplash injuries. Currently there is no relevant accreditation needed or benchmark standard for a doctor who needs to produce a medico-legal report on a personal injury compensation claim in Ireland. The report states that doctors should adopt a standardised method in diagnosing, treating and reporting on soft tissue injuries, of which the vast majority are whiplash related.
The Commission stressed that the Quebec Task Force Whiplash Associated Disorder grading scale should be applied by medical professionals reporting on relevant injuries. This scale is based on the extent of symptoms and associated physical indicators and states that “Training and accreditation in soft tissue reporting is agreed as being the best practice requirement for those wishing to complete relevant reports”.
It is thought that a self-testing element by the injured individual should also be introduced to assess compensation and damages neccessary.
Chaired by Judge Nicholas Kearns, the PIC urged insurance companies to publish details on the rates of whiplash injuries reported. This could be an pivotal element of the National Claims Information Database being developed by the Central Bank of Ireland at present.
Justice Kearns remarked that such sharing of information on whiplash injuries would improve the personal injuries compensation sector in Ireland by encouraging ‘an objective standard’ for examining whiplash injuries. He added that, in future, reports will look at comparative systems and bench marking compensation award levels globally to ensure we remain relevant.