The Transport Committee’s report out today finally brings some clarity to an issue that up until now has been dominated by one sided insurance company spin.

The report acknowledges that whiplash can be a debilitating condition and that genuine claimants must not be demonised.

It is true that the rules regarding claims need tightening, and we called, in our own submission to the Committee, for the introduction of independent medical checks in all cases, which would go a long way to tackle fraudulent claims. This would stop the insurance industry practice, which ‘surprised the committee’ of offering compensation to a claimant in advance of any evidence being provided.

Over the last couple of years the insurance industry has led a vocal campaign to drive media headlines and persuade public opinion that an epidemic of fraudulent whiplash claims was driving up motor insurance premiums by an average of £90 per car owner.

The Committee report gives due recognition to recent government figures, which show that the number of claims has actually fallen by 60,000 during 2012 to a five year low and continues to decline.

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The report also suggests the Committee, chaired by Louise Ellman MP, was not satisfied with insurers figures and strongly advises for the provision of “better data about fraudulent or exaggerated claims”.

The Committee cautions against raising the lower limit for whiplash claims to £5,000. Implementing this change would see over 85% of currently legitimate claims unfairly excluded.

There is a real possibility that if the claims limit increases, victims will choose to represent themselves, and become involved in a ‘David v Goliath’ style battle as they take on the might of an insurance company’s professional legal team.

There is a risk of ‘under settlement’ in this process in favour of the insurer as the report alludes to. With the additional cost burden of handling Litigant In Person cases, the already over stretched small claims court and Ministry of Justice will struggle with the overwhelming demands of litigants in person and the associated costs that come with it.

Innocent victims of road traffic accidents must not be affected by the exaggerated claims of the insurance industry. The Committee makes the assertion that ‘insurers need to get their house in better order’.

I would welcome joint involvement in the creation of a data sharing model that deals with fraudulent claims, thereby driving the cost of premiums down further, and urge the government to follow the committee’s recommendations and not be swayed by emotive language and hyperbole which could adversely affect genuine claimants and access to justice.

Philip Waters is a solicitor at Camps Solicitors