Championing your rights
MASS campaigns
One of MASS’s key objectives is lobbying Government and campaigning to preserve your fundamental right to justice. Here are some of our latest campaigns.
WHIPLASH INJURIES
Anyone who’s experienced a whiplash injury knows how painful and debilitating it can be. There are, unfortunately, some people who believe that whiplash isn’t a genuine injury and that you shouldn’t be able to make a claim.
Following a long fight opposing this, in 2021 the Government introduced a new law (Civil Liability Act) that brought in a new process (Official Injury Claim Process) where victims will have to run their own claim through an online portal for road traffic accident claims involving a whiplash injury up to £5,000. Claimants will receive significantly less compensation for their whiplash injury.
MASS believes this is completely wrong and we are continuing to campaign to ensure that victims are not disadvantaged.
It should be noted that MASS’ lobbying efforts have had a positive effect in support of accident victims and their Legal Representatives to ensure ongoing access to justice. Their unwavering commitment to championing the interests of both clients and practitioners alike is truly commendable, and I am proud to be associated with an organisation that prioritises ethical standards and social responsibility.
Kieran Magee, Partner at True Solicitors LLP
FRAUD
Fraud benefits no one. Consequently, MASS fully supports actions which will deter and reduce fraudulent behaviour in the claims process and reduce the costs associated with such activity. We’ve always worked collaboratively with all sections of the claims sector to determine effective and practical solutions to the problems around fraudulent behaviour the sector faces and we’ll continue to do so.
In October 2011, MASS instigated an industry-wide discussion forum (including the police, Insurance Fraud Bureau and National Fraud Authority) to openly examine the main issues surrounding fraud within the claims process and whether the industry can work together to address them.
Following directly negotiating with the Association of British Insurers (ABI) for many months, the ‘askCUE’ PI enquiry service was established in June 2015, significantly improving data sharing at an early stage between insurers and claimant solicitors. Now MASS has representatives attending and supporting the IT Fraud Charter Group and liaises with other organisations to keep up the fight of combatting fraud.
Uninsured Drivers
The Motor Insurers’ Bureau estimates that there are over one million cars on the road in England and Wales that aren’t insured, which significantly adds to the cost of motor insurance for the 20 million households that do have a policy.
MASS has been campaigning for many years for a ‘zero tolerance’ approach, with much tougher penalties for those who drive without insurance.
We continue to work with Government and the insurance industry to help reduce the number of uninsured drivers on our roads and will continue to fight for more stringent penalties and improved ways of identifying and combating this unacceptable behaviour.
Third Party Capture
Following an accident that wasn’t your fault, the insurance company of the person who hit you (the Defendant) may contact you directly and offer to settle your claim. They often say that by dealing directly with them and by not having your own solicitor, your claim will be settled quicker and will not cost you anything. In our experience, this is not the case as you’ll invariably receive less than the full amount of compensation that you’d otherwise be entitled to, especially if you’ve suffered an injury.
This practice – also known as ‘Third Party Assistance’ – is unregulated, which opens the door for potential abuse and makes it more difficult for you to get full redress if something goes wrong.
MASS continues to campaign for this practice to be banned. We strongly advise that you don’t deal directly with the defendant’s insurer and always seek independent legal advice, no matter how straightforward your claim may at first appear to be.
