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Why don't drivers adjust their head restraints and record the evidence to refute whiplash claims?
There has been recent correspondence regarding dubious whiplash claims. There is a simple solution, which I am surprised has not received publicity. As most modern cars have head restraints that adjust not only height but also tilt, it is simple for the majority of drivers to have the head restraint in the correct position to avoid whiplash. After all, that is what they are designed to do. I suggest, in the case of a crash where whiplash is claimed, one should have a camera phone or camera to hand to photograph the position of the head restraint. If it can be shown the headrest is incorrectly positioned, then surely the “injured” party should not be in a position to make a legitimate claim.
Asked on 21 September 2013 by MJ, Guildford
Answered by
Honest John
That's a good point. I was bumped fairly heavily in the back 12 weeks ago. It was a hard impact. No whiplash at all. But there would need to be at least an Appeal Court ruling for your idea to work. As it is, insurers find it cheaper to pay £3000 for a whiplash claim than to fight the case in court where costs may amount to £10,000. But it would be worth an insurer spending £20,000+ to get this ruling and put a stop to these spurious claims.
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