Medical data challenges insurers' claims of mixed-injury 'epidemic'
By Law News
Association of Consumer Support Organisations (ACSO) disputes insurer claims of a mixed-injury surge using medical data analysis
A recent report by the Association of Consumer Support Organisations (ACSO) challenges insurers' assertions of a "mixed-injury epidemic" by analysing medical reporting data related to claims in the Official Injury Claim (OIC) portal. The report, titled 'Assessing Mixed-Injury Claims in the Official Injury Claim Portal,' reveals discrepancies between insurers' claims and objective medical data.
The key findings from the report include:
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MRO 1 data indicates a consistent proportion of mixed-injury claims between 2019 and 2023, with an 8.3% increase in the number of reported non-whiplash injuries per medical report.
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MRO 2 data shows a steady number of mixed-injury claims from Q1 2019 to Q4 2022, with an 8.6% increase in the number of injured areas reported.
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MRO 3 data, collected differently, suggests a rise in mixed-injury claims from 45% in 2019 to 58% in 2023, accompanied by a 15.8% increase in the number of injured areas.
Matthew Maxwell Scott, Executive Director of ACSO, challenges insurer assertions, arguing that they are comparing "apples with pears." He emphasises that the increase in the number of injuries per claim is expected due to the decreased value of whiplash-only claims, which has resulted in a smaller overall number of claims.
The report aims to provide an objective assessment of mixed-injury claims and their valuation, countering what ACSO considers as insurers' attempt to create panic around a perceived epidemic. Maxwell Scott hopes the Supreme Court, which is set to hear related cases in February 2024, will consider this new data when making its judgment.
ACSO plans to share the report with the Justice Select Committee, currently reviewing the government's whiplash reforms and the OIC's operation, to ensure a balanced perspective on consumers' rights in the context of ongoing legislative changes. The report highlights the potential consequences of stripping rights from those with non-whiplash injuries, arguing that it goes against the intended purpose of the legislation.
Photo by Jmarchn - Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=37351997