England and Wales now has the highest number of personal injury claims for the whole of Western Europe. Experts estimate there are more than 1,500 such claims every day.
Despite suspicions that many are fraudulent, insurance companies claim they are difficult to challenge if a doctor has provided a certificate.
But Mr Robinson said: ‘Cases like this are raising premiums across the country because insurance companies are just settling them. My insurance company also wanted to settle it, but I said, “No, I am going to challenge it.” ’ But unknown to the cab driver, Mr Robinson, from Wakefield, West Yorkshire, was a physiotherapist by profession, and one of his jobs was to assess whiplash cases on behalf of insurance companies
Mr Robinson was driving his Vauxhall van in Dewsbury, six miles from his home, when he pulled up at lights. He realised he had crossed the traffic line by a few inches, and decided to reverse back at about 5mph.
He accidentally touched the front bumper of a Toyota Corolla minicab behind him, which did not damage the car’s bumper in any way.
He and the driver had an amicable conversation and left, but Mr Robinson was stunned when his insurance company, Blue Fin, said that the driver was claiming ?ú800 damages as well as ?ú2,000 in a personal injury claim for ‘severe whiplash’.
Mr Robinson’s insurance company said it would settle the claim because the driver had all the correct medical assessments as well as garage receipts.
But Mr Robinson doubted the driver’s claim for whiplash. He said: ‘I decided he could not have got such a whiplash, and I was going to act both as a professional witness and as defendant.’
He said that at a hearing at Dewsbury County Court, a judge heard evidence that the driver, Nazir Hussain, from Dewsbury, had made such claims four times before.
‘The judge threw the case out, and the driver has to pay mine and his legal fees, which have come to ?ú5,000,’ said Mr Robinson.
‘This was a victory for all those going through the same thing – knowing they have not caused any serious damage, yet claimants receiving nice financial handouts and the rest of us having our motor insurance premiums increased on the back of all this.’
Mr Robinson added: ‘I believe this was a landmark case, because not many people take these cases to court in the first place.
‘Also, when these cases go to court, they are usually settled in the alleged victim’s favour. But this has a set a precedent because it shows these cases can be successfully challenged.’
Mr Hussain refused to comment.
Critics ascribe the growth in such claims to the rise of ‘no win, no fee’ lawyers who make their money by chasing down accident victims and encouraging them to claim compensation in legal actions they might not have contemplated in the past.
and the cost of insuring them should be treated solely on the basis of risk. This whole judgement is so bonkers I am amazed we didn't say loud and clear that we would ignore it and carry on being British and sensible.