Cash awards for minor whiplash injuries up 9%

Awards for common injuries such as minor whiplash rose significantly since 2004, a report shows.

The Personal Injuries Assessment Board has published a revised Book of Quantum, based on more than 51,000 closed personal injury claims during 2013 and 2014, which sets out the ranges of damages paid in personal injury claims.

The document is a general guidance document for the value of personal injury claims across a range of injuries ranked according to their severity. It was last produced in 2004.

The Injuries Board must refer to it in all evaluations for personal injury claims, while judges must also have regard to it.

Awards for minor whiplash rose by 9% to €15,700 between 2004 and 2014 — an increase of €1,300. However, for more severe whiplash, damages decreased from €78,400 to €77,900.

Whiplash makes up some 70% to 80% of all claims, with car accidents accounting for around 75% of all claims.

Other injuries which showed significant rises in the damages paid out included ankle fractures, which rose some 55% for minor fractures from €35,300 to up to €54,700. More severe fractures also rose by over 10%, from €84,200 to €93,300.

Awards for arm fractures jumped by almost 30% to €38,300, while lower leg fractures in the lower end of the injury scale rose by almost 43% to €49,400.

A number of injuries saw significant falls in damages.

These include soft tissue elbow injuries, which fell by 55% from €20,600 to €9,200, and soft tissue jaw injuries, which fell at the lower end of the scale by 68% from €35,000 to €11,000. Soft tissue hand injuries at the upper and lower end of the scale also recorded major decreases.

Overall, 35 groups of injuries increased in terms of compensation payouts and 35 either fell, were stationary, or changed marginally.

Despite the rise in some common injuries, Injuries Board CEO Conor O’Brien said the new Book of Quantum “will not have an inflationary effect on the cost of claims” and should stabilise compensation levels.

“The figures reflect the reality of prevailing award levels,” he said. “As such, formally collating and publishing this data should have a stabilising effect on award levels. If adopted by all parties dealing with personal injury claims, the guidelines should ensure the level of damages is more predictable and consistent.”

The guidelines come as the cost of motor insurance dominates headlines, with premiums rising more than 70% over the last three years.

The insurance sector has partially laid the blame for the hikes on the higher levels of claims. However, the Injuries Board disputed, this stating there has been no increase in claims this year and awards have stayed flat in the last number of years.

CEO of Insurance Ireland Kevin Thompson expressed hope the new guidelines can bring consistency to awards but said more policy responses are needed to address the high cost of claims.