Taxi Driver Loses Whiplash Claim
Nazir Hussain, a taxi driver from Dewsbury is the centre of a landmark court case concerning a whiplash claim.
Physiotherapist Lee Robinson was at traffic lights with Mr Hussains taxi behind him. To get behind the line at the lights, Mr Robinson reversed very slowly at no more that 5mph into Mr Hussains taxi bumper.
The two drivers spoke about the incident and as far as Mr Robinson was concerned the matter was dealt with and no further action was needed. 8 Months later Mr Robinson receives a letter in the post for claims on repair work summing a total of £800 and £2,000 worth of personal accident claim for whiplash. Mr Robinsons insurance firm Blue Fin simply advised him to settle and have done with the matter.
Unluckily for Mr Hussain, a fair bit of Mr Robinsons physiotherapy work is carried out assessing whiplash claims for insurance companies and in Mr Robinsons book, there was no way that the speed he was travelling at could have caused the extent of whiplash injury that Mr Hussain was claiming so he decided to challenge it.
Despite Mr Hussains thoroughness with garage receipts that supposedly proved the work had been carried out along with all of the correct medical documents, the Judge at Dewsbury County Court threw the case out. It had come to light that the taxi driver had made 4 previous claims of this nature and it looked like the judge thought better of giving him a 5th.
Mr Hussain was ordered to pay £5,000 - all of the legal fees for the case. This is an unprecedented case and we can only hope the start of many. Litigation in this world has gone completely crazy with people thinking they can make a quick buck. The attitude of everyone else is doing it so why shouldn''t I is not a good enough reason and only contributes to the soaring costs that we are all paying for insurance today.
It has been suggested that each day there are up to 1,500 personal injury claims, many of which are whiplash claims that are very hard to contest. Until now that is.
Article adapted from mirfieldreporter.co.uk



