Whiplash fraud hitting NHS hard

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New research conducted for LV= Car Insurance shows the NHS is being put under increasing strain as more people attempt to claim compensation from exaggerated or invented injuries.

The study indicates doctors are seeing more people they suspect of feigning or exaggerating injuries in order to claim compensation following a car accident than they were three years ago. Doctors report that the problem is becoming more widespread with 43% saying they now see these types of cases on a frequent basis, compared to just 26% in 2012.

It is estimated that doctors are collectively seeing around 116,000 suspect cases a month, which is eating up close to a million surgery hours each year. GPs report that dealing with these types of cases not only takes away valuable appointment time from genuine patients, but that additional surgery hours are lost dealing with the law firms and claims companies pestering them for paperwork.

While whiplash continues to be the number one injury that fraudsters feign to claim compensation, it appears that some are now inventing additional injuries in order to avoid scrutiny or to get a higher pay-out. 29% of doctors say they’re seeing a wider variety of injuries linked to compensation claims than they were three years ago, and LV= claims data shows there is a growing number of suspicious cases where compensation is sought for head, back and psychological injuries.

The study also highlighted a number of problems that doctors come up against when presented with a patient they suspect is exaggerating or inventing symptoms to claim compensation, with many saying that they do not have enough information to go on. 72% of GPs say they would be better equipped to assess an injury resulting from a car accident if they had all the details of the accident circumstances rather than having to rely on what the claimant or their solicitor tells them.

LV= said that when presented with a claimant that a doctor suspects is making up or exaggerating an injury to get a payout, it can be difficult for the GP to challenge this. 52% of doctors say fraudsters have tried to pressure them into agreeing with them about their condition, when they had doubts about their injuries. As a result, when suspecting fraud, most GPs (77%) use a careful choice of words in their medical report such as ‘the patient alleges’ in order to signal their scepticism.

Legislation was introduced in 2013 to curb the growing number of exaggerated and spurious personal injury claims, but it appears that this has not had a long-term impact. The UK sees more compensation claims for whiplash injuries per car accident than any other Western European country. According to insurance data, 78% of car accidents in the UK where one driver accepts liability involve a compensation claim for whiplash, which is more than double the international average. By comparison, only 35% of Dutch claims include a whiplash element, 31% of Spanish claims and 30% of French claims.

In order to crackdown on those attempting to fraudulently claim compensation, the government is setting up a new medical reporting panel, MedCo, which is due to go live 1 April. After this date, all those attempting to claim compensation for whiplash following a car accident will have to get a medical report from an accredited MedCo professional. Practitioners wanting to join the panel will have to gain special accreditation and be independent of any claims company.

Martin Milliner, LV= claims director, said: “Verifying personal injury claims takes up a lot of time and places unnecessary pressure on our already stretched health service. The cost of dealing with fraudulent claims not only pushes up the cost of car insurance for honest motorists but it also hurts the public purse.

“While insurers, working with government, have made good progress in the crackdown on fraud, it appears that fraudsters are trying new tactics to beat the system and claim compensation they are not entitled to. Those tempted to make a claim when they do not have an injury should think again as making a fraudulent claim could lead to a hefty fine or prison sentence.”

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