Whiplash Conference Day 3: an overview

The morning of day three of the conference was dominated by clinicians and medical practitioners, who took delegates through current research being conducted into treatment and intervention around the world.  Continue reading

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Whiplash 2012: overview of day 2

A second eclectic day at Whiplash2012, again bringing together diverse disciplines, all of whom have an interest in the topic. Today was chaired by Thatcham’s Matthew Avery. Continue reading

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Whiplash 2012 conference: overview of 24 April

Day one of Lyons Davidson’s International Whiplash 2012 conference proved to be though-provoking, intellectually challenging, controversial and extremely complex: unsurprising for a subject that pulls together professions as various as medics, academics, lawyers, insurers, engineers and physiotherapists, all of whom have their own professional perspective on the definition, diagnosis and implications of whiplash.

Representatives from around the world from each of the disciplines were present at Bristol’s M-Shed for the first day of the three-day conference (while others followed in absentia via the #whiplash2012 live Twitter feed), making this conference a truly significant addition to the global understanding of whiplash.

Chair for today was Bernie Rowe (Chairman of Lyons Davidson), who brought his expertise and many years’ experience to bear on proceedings, answering questions and putting many of his own to speakers.

The speakers themselves covered huge areas of knowledge relating to whiplash. Professor Gordon Bannister’s comprehensive history of whiplash took delegates right back to the earliest recorded whiplash-type symptoms in the 19th century, through to the present day, examining commonly held beliefs about the injury. He concluded by saying that he believed whiplash to be a genuine condition.

Matthew Avery of the UK’s Thatcham Motor Repair Research Centre provided an engineer’s view of whiplash. He explored the ways in which the construction of modern cars and consumer testing can reduce incidence of whiplash through, for example, construction of improved seats and head rests. He also discussed WITkit, Thatcham’s web-based solution for the insurance industry.

Professor Michael Adams of Bristol University spoke about the arts of the anatomy that can be injured, describing the head as acting “’like a balloon on a stick” in collisions and explaining how low-velocity collisions can lead to high acceleration of, and strong forces on, the neck and noting that injury to the spine doesn’t heal like injury elsewhere on the body.

He was followed by Professor Richard Lewis of the UK’s Cardiff Law School, who explored the relevance of the ‘compensation culture’ debate, took delegates through the aims of compensation and noted that the tort system rather than the welfare system was a way of fully compensating whiplash sufferers. He concluded by saying that tort needs to be refocused and the practical effects re-examined.

A controversial view was given by James Dalton of the UK’s Association of British Insurers, in a talk that elicited many responses and questions from the floor. He said that whiplash was no different to any other form of neck pain, and that there were few disincentives on claimants to exaggerate symptoms for financial gain. He believes that the ‘whiplash epidemic’ is getting worse and that the law needed changing. He was followed by Assistant Professor James Elliott of Northwestern Uni in the USA, who gave a technical analysis of the research he has undertaken in ways to measure injury, through imaging of neck muscles, which reveals very different results for those who report whiplash and healthy controls.

In the afternoon, Professor Tony Dickenson of University College London looked at the possibility of measuring pain, noting that not all pains were the same; that pain is subject to change (one type of pain can inhibit another); pain itself can change over the course of a day and it is affected by psychological factors.

David Aylor of the Insurance Institute for Highway safety then gave a US engineering perspective on car safety, noting that head restraints had considerable influence on whiplash – the closer the restraint to the head, the more effective it is. He was followed by Gunter Siegmund of MEA Forensics in Canada, who discussed the  variables involved in gathering crash data and the limitations of this data. He noted that there is enormous variability in tightly controlled crash experiments, and even more so in real-world collisions.

Hermann Steffan of TU-Graz in Austria gave a highly detailed technical analysis of WITkit, types of collision and damage to cars, and the presentations concluded with Arthur Croft of the Spinal Research Institute of San Diego. He talked delegates through the crash testing carried out at the institute, which show that rear impact crashes have different effects on the neck than front crashes at exactly same speed. He also noted that injuries still occur in zero-damage collisions.

Day one concluded with lively debate, which is set to continue tomorrow as Jack Straw MP talks through his controversial opinions on whiplash, along with a panel debate – plus testing of ABI braking systems which delegates have been invited to test out in the car park of M-Shed.

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***STOP PRESS*** New speaker added to Whiplash 2012 agenda

***STOP PRESS*** New speaker added to Whiplash 2012 agendaA new speaker has just been added to the agenda of Lyons Davidson’s International Whiplash 2012 conference in Bristol this week.

Cardiff Law School’s Professor Richard Lewis will be speaking tomorrow (24 April) on the topic ‘Why do we compensate? Does it do any good?’ between 11.30 and midday.

Professor Lewis studied at the University of Oxford, and went on to join Norton Rose in London. He later took up a place at the Faculty at Northwestern Law School in Chicago and joined the University of Wales in 1974. Professor Lewis is an expert in accident compensation, as well as public and private insurance.

You can read his full biography here.

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Government responds to Transport Committee Report on Motor Insurance

Government responds to Transport Committee Report on Motor InsuranceBy Mark Savill, Managing Director, Lyons Davidson

The government has issued its response to the Transport Select Committee Report on the Cost of Motor Insurance.  In summary, the government has pretty much said ‘thanks for the recommendations, but we are already onto it.’

The response is broken down by recommendation as follows (with the responses heavily paraphrased!):

  • Calling for objective evidence of whiplash to raise the bar of proof
    DFT: we are reviewing with the industry how to reduce the number of claims and will consider this further, while recognising this is a complex area. The whole issue of bio-mechanical evidence of whiplash is something that we will be examining next week at Whiplash 2012, with speakers such as Dr Arthur Croft of the SRISD (Spine Research Institute of San Diego) and a leading expert in this field, who will be delivering two presentations. 
  • Making referral fees more transparent and extending the scope of the ban to all areas such as credit hire and repair
    DFT: LASPO will stop referral fees between solicitors, CMCs and insurers,which will affect the funding for other areas, and the OFT market study on credit hire and repair will help clarify what more is needed. This appears to reinforce comments made previously that LASPO will have the biggest effect, and that extension to other areas (which could be done through the Lord Chancellor under the LASPO provisions) needs more thought.
  • Portal fees need to be reviewed
    DFT: this is being done. One point to note here is an article by Neil Rose in the Guardian this week, which suggested Portal fees might be reviewed down to £800.  My view is still nearer £500 at the moment but the progress with this will become clearer when an impact assessment is published, which I understand is on its way.
  • The DPA needs to be better enforced with stricter penalties
    DFT: The ICO has got strong powers already and there have been some high profile prosecutions: we will wait for the outcome of the Leveson Inquiry, which will cover this area.
  • All cold calling needs to be reviewed
    DFT: this is already covered by existing regulation, but they will keep this under review.
  • Real-time access to the DVLA database is needed to help battle fraud
    DFT: this is being worked on with a target of January 2014.
  • The penalties on uninsured driving need to be reviewed
    DFT: we are doing and will consult on this soon.

Perhaps the most important statement in the response is around timing: “We will implement the referral fee ban at the same time as the other changes under Part 2 of the Bill to the no win, no fee arrangements in April 2013. We will be working closely with the regulators and relevant stakeholders on the details.” While we have all been working towards this date, here is another clear commitment to that timetable.

As referred to in my previous update there should be some more action points issued by the government, possibly today, which will lead to a lot of interest and debate.

 

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LASPO update: Ping-Pong, Round 1 and the Transport Committee Response

LASPO update: Ping-Pong, Round 1 and the Transport Committee ResponseBy Mark Savill, Managing Director, Lyons Davidson 

The LASPO Bill returned to the House of Commons last night at the start of the ping-pong process, and, as expected, the government successfully overturned the exceptions made in the Lords. As part of the debate, financial privilege was also claimed and so there will be limited areas where the Lords are able to reject the government’s position when it bounces back to them to consider. Continue reading

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Call for new Whiplash Book features in Post Online

Call for new whiplash book features in Post OnlineThe insurance industry magazine Post Online published an article on 20 March about Lyons Davidson’s campaign to republish an updated Whiplash Book. Continue reading

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LASPO Day 5

Whiplash 2012: Mark Savill LASPO Day 5By Mark Savill, Lyons Davidson

Day five of the Legal Aid, Sentencing and Punishment of Offenders Bill came before the House of Lords again last night, but with little significant to report for the insurance industry.  The key Labour Party amendment relating to reduced MOJ Portal fees was not pursued or debated, leaving the question for the government to sort out through its consultation process. Continue reading

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LASPO day 4: the fog descends

Whiplash 2012: Mark SavillBy Mark Savill, Lyons Davidson

For those expecting news on the exciting debate about Portal fees, referral fees and third-party offers – you didn’t miss a lot last night!  The proposed amendment introducing £600 Portal fees was almost reached, but will now be discussed at the next day of debate at the Report stage (next Tuesday, 20 March). Continue reading

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Industry to propose new guidelines to tackle whiplash

Bernie Rowe speaking at Whiplash 2012Responding to the government’s strategy to tackle the ‘whiplash and compensation culture’, a three-day conference hosted by Lyons Davidson is set to evaluate, discuss and propose solutions to tackle the whiplash phenomenon.  This also takes in to account the Association of British Insurers’ call for new techniques and diagnosis in whiplash to be adopted by their members and the industry at large, so as to control the rising costs of bodily injury claims.  Continue reading

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