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Compensation culture - soon to come to an end?


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We are begining to reap the whirlwind of the "no win no fee" compensation culture

 

  • Our insurances are going through the roof
  • OUr council taxes are up - partly due to this
  • Sports clubs have the life strangled out of them
  • Kids get sent home every time it snows for safety reasons

 

With regards the snow, what would happen if winters returned in the same way they did back in the 1970s and 1980s? we did have a minor taste for about 2 weeks last December, but what would happen if the snow kept returning for a prolonged period of time between November - March....would the kids be sent home for potentially 4 months out of the year?

 

What about our car insurances? 40% this year, 40% next year, 40% the year after that? do we keep digging deeper into our pockets to meet this cost? people will quote the "go compare" sites and I believe that this will help to keep this premiums slightly down for the next year or so, however with the way things are going - I cannot see "go compare" coming to the rescue for much longer.

 

What about sports clubs? would getting the kids active not be a fantastic way of reducing kids obesity and helping them to develop there social skills? I accpect that playing computer games is safer, however, is it mentally better for the kids to be playing sports as opposed to playing computer games that often involved beating someone up?

 

Compensation culture - the poor council get moaned about for putting up the council taxes, however, JOe Public is partly to blame for trying to sue everytime a minor injury occurs. The council have to get there money back and so this falls on the taxpayer.

 

What do you lot think, is the compensation culture something we should all simply accept as a British way of life? Should we just pay more and accept that we are begining to "reap the whirlwind"?

 

Or do we take full responsibity for ourselfs and as a result accept "compensation payouts" are not socially acceptable.

 

I seriously believe that if the coming winter 2011/2012 is a cold snowy one, similar to what we got back in the 1980s - it could spell the end of our obsessions will safety and injuries - especially if hard working parents are having to pay more for childcare arrangements for schools shutting

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Last weeks 'Lead Balloon', the comedy series with Jack Dee had something to say about this. Yes the culture is a disgrace and compensation seems to be issued for everything. The compo chasers and the apathetic majority who just shrug their shoulders, like the wife in Lead Balloon forget this is public money being wasted.

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Judging by the number of items posted on this forum during the past couple of years by people who want compensation, I wouldn't hold your breath while you wait.

 

The UK could, of course, shift to a 'no fault' system where everybody insures himself/herself and in the event of a claim, his/her insurance pays. If you've got no insurance, you get nothing, irrespective of how the claim arose. Medical costs would all be paid by the NHS (though long-term disability resulting from an acident might be a problem.)

 

The insurance companies would still charge higher-risk policyholders more, but it would eliminate 'cash for crash' scams and insurance premiums should decrease.

 

New Zealand has a similar system (AFAIK)

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I was in a car accident where a truck drove into the side of the car I was in on the motorway. I nearly pooped myself. It hurt my back a lot, The lorry driver got out and apologised straight away. I took his details for the driver of the car I was in as she was shaking too much to talk or do anything.

 

The drivers insurance company called me and offered to take a claim forward and I got a small amount. I could have lied and claimed my back was still bad (some people from the insurance company I dealt with tried to encourage me to do this) but I was honest and the pain only lasted a few weeks. I know of plenty of other poeple though who lie about their injuries and get loads, which irritates me.

 

Lets hope the claim culture quietens down, there is a time and place for it but it needs to stop being abused.

 

my earlier removed post wasn't an attack on the op by the way but a joke about her pet bird.

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I ultimatley believe that a harsh winter could seriously highlight this culture.

 

Remember we had no more than 2 weeks back in December where the country was literally crippled due to what was normal weather conditions for winter.

 

One of the reasons my insurance did go up this year (2011) was due to the icy conditions during the 3 week spell in January 2010, so its likely that my premiums will increase in 2012, due to the accidents that happened last year.

 

WE have had mild winters for the past 15 years and so the problems created by compensation have largely been hidden.

 

If we get a severe winter, schools could be shut for months which could cause major problems for familys.

 

In a way, I hope we do get a severe winter and that could be the thing that puts this awful 'compensation culture' to bed, and force people to take responsibility for there own actions

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I believe there's some sort of change on the way relating to 'no win no fee' that could help curb it. Something to do with the insurance that law firms have to guard against losing I think, I can't remember exactly. Maybe some lawyer types will know.

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Firstly, you're entirely wrong about ice claims. I don't know where your info is from, but there are only very, very limited circumstances where slipping on ice claims succeed, as the Highways Act limits the Council's duty massively. Basically, if you slip on a pavement that hasn't been gritted, you probably won't succeed, despite what the press would have you believe.

 

Second - referral fees - the problem here isn't solicitors, as I've said a million times, it's claims management companies who are not solicitors. They charge law firms, generally around £800, per claim. The law firms are after all businesses, and want work. That's normal, and if the only way smaller firms can get work is by doing this then they will. The CMCs take advantage of this, and it has led, particularly in Leeds/Bradford, to an increase in fraudulent claims. CMCs are obtaining claims to sell on to solicitors to make money out of them. Hopefully, CMCs will be done away with, as they give solicitors a bad name, due to people not knowing the difference.

 

Finally, the reforms. If the government has their way, people will have to pay part of their legal fees from their damages. This is entirely unfair. Effectively, if you are injured, say at work, you would lose potentially 25% of your damages to pay your legal fees, because the government are following Lord Jackson and his idiotic changes.

 

If anyone wants actual facts about the changes, I'm happy to give details, but I suspect, as is usual on here, people will jump on media stories instead. Hey ho - I try! :)

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Firstly, you're entirely wrong about ice claims. I don't know where your info is from, but there are only very, very limited circumstances where slipping on ice claims succeed, as the Highways Act limits the Council's duty massively. Basically, if you slip on a pavement that hasn't been gritted, you probably won't succeed, despite what the press would have you believe.

 

Second - referral fees - the problem here isn't solicitors, as I've said a million times, it's claims management companies who are not solicitors. They charge law firms, generally around £800, per claim. The law firms are after all businesses, and want work. That's normal, and if the only way smaller firms can get work is by doing this then they will. The CMCs take advantage of this, and it has led, particularly in Leeds/Bradford, to an increase in fraudulent claims. CMCs are obtaining claims to sell on to solicitors to make money out of them. Hopefully, CMCs will be done away with, as they give solicitors a bad name, due to people not knowing the difference.

 

Finally, the reforms. If the government has their way, people will have to pay part of their legal fees from their damages. This is entirely unfair. Effectively, if you are injured, say at work, you would lose potentially 25% of your damages to pay your legal fees, because the government are following Lord Jackson and his idiotic changes.

 

If anyone wants actual facts about the changes, I'm happy to give details, but I suspect, as is usual on here, people will jump on media stories instead. Hey ho - I try! :)

 

 

 

Out of interest.....

 

If someone was to set up a football club for the local kids (get them out of the house) and they were not insured due to costs

 

What would happen if someone got there leg broke due to a sliding tackle while playing the game? would the coach get sued or would it be a case of, football can be rough and accidents happen.

 

If this was the case, then maybe more adults would be willing to set up sports clubs in there local community.

 

People are forever moaning about kids running riot, perhaps a few sports clubs ran by local adults could help sort this problem out?

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Out of interest.....

 

If someone was to set up a football club for the local kids (get them out of the house) and they were not insured due to costs

 

 

Sporting claims are the same as ice claims. To succeed with a sporting claim, the injury has to be caused by a dangerous tackle, completely out of the nature of the game. A sliding tackle is part of the game, and is not likely to result in a successful claim. It would have to be a two footed dangerous tackle, most likely with the person responsible having carried out several similar tackles throughout the game.

 

In summary, yes, accidents happen, and courts are not likely to attach liability in the vast, vast majority of sporting claims.

 

Plus, unless you could apportion blame to the club, you wouldn't bring the claim against them.

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