ARTICLE
6 January 2020

Whiplash Reforms Will Drive Fraud Into Other Casualty Lines

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Clyde & Co

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Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
With motor-related soft tissues injuries no longer a cash cow for fraudulent claims, criminals (and opportunistic amateurs) will turn their attention to areas such as public liability
UK Insurance
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With motor-related soft tissues injuries no longer a cash cow for fraudulent claims, criminals (and opportunistic amateurs) will turn their attention to areas such as public liability

When it comes to fraudulent motor insurance claims, insurers established sophisticated processes for rooting out fraudulent activity some years ago. As fraudsters have changed their tactics, so insurers have learned their lessons and adapted accordingly. The result has been extremely effective anti-fraud processes and technologies that can make the claims handling in other casualty insurance classes such as employers and public liability seem rudimentary.

Now, in light of upcoming government reforms to whiplash claims, it is imperative that hard-learned lessons from the motor arena are translated (as far as is possible) with urgency to other casualty insurance lines. We have seen already examples of organised fraudsters moving into other areas to test systems, processes, checks and balances of other insurance lines. Organised fraud can take the form of complex claims inflation and damages shift.

While there have been numerous discussions in the industry regarding claims inflation and damages shift for several years now, little hard data has been gathered about how these are manifesting in claims lines outside motor. In order to fight these issues, we expect that insurers and defendant representatives will move away from the traditional anecdotal evidence method of addressing these concerns toward a more data-driven approach.

Should this lead to the uncovering of an increased volume of fraudulently inflated claims, insurers will display an increased appetite to seek redress through the criminal courts. Recent case decisions have demonstrated that statements made in an effort to advance a fraudulent claim, even when made pre-action, will be taken into account by the courts.

Read the rest of our insurance predictions here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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