Posted: December 10th, 2017
In its first ever report the the Personal Injuries Commission (PIC) has called for injury data held by insurance companies to be released on an ongoing basis.
The PIC submitted the approvals to the government, saying that data regarding the incidence of ‘whiplash’ and other soft tissue injuries should be released to.
Mr Justice Nicholas Kearns, Chairperson of the Commission that was established to address the rising expense of motor insurance, remarked that these figures should be made available from insurance companies. They could then form part of the National Claims Information Database which is being developed by the Central Bank of Ireland currently.
Additionally the report also finds that the figures being paid out for whiplash compensation claims should be connected to the severity of the injury inflicted, with a standardised grading scheme set up to make this easier. The report also says there should be more transparency in respect of payouts of whiplash compensation as levels of general damages are not currently accounted for in legislation.
Legal firms have responded negatively to the report. Jody Cantillon, Associate solicitor at Cantillons Solicitors commented on the report saying “Firstly, the basis for the Personal Injuries Commission seems to us to be flawed in that the rise in insurance premiums has nothing at all to do with personal injuries litigation.
Mr Cantillon added “We would have grave concerns about a standardised approach to the diagnosis, treatment and reporting of soft tissue injuries. No one person or injury is the same. The impact that a back injury might have on a new mother is different to the impact such an injury might have on a young man. A standardised approach would not take sufficient consideration of the individuals circumstances.
He finished by saying: “We are surprised at the Commission’s ‘recommendation’ that the sums awarded in whiplash claims should be linked to the severity of the condition. This is already the case, so there is nothing new there.