Why Britain lags Europe in battle against whiplash scourge There was a palpable sense of frustration. The problem seems simple - it's far too easy to make a spurious claim, and many do - but there is no clear answer. As one participant put it: "People who make false whiplash claims need to realise they are genuinely ripping off their neighbour." But the fraudsters couldn't care less, another said. As a demographic, they were described as tending to be from poorer backgrounds, in need of quick cash. Sure enough, insurers find claims peak at Easter, Christmas and during the summer holidays. In other words, volumes are driven by the need for cash, rather than a crash. These dodgy claims push up premiums for all of us because insurance, by its nature, is about sharing risk. Estimates suggest £1bn a year is paid out in fraudulent claims - so the additional payouts must be shared. Whiplash now accounts for 78pc of all personal injury claims in the UK, compared with just 3pc in France. One of the major differences is that in France, diagnosis requires "objective proof based on more rigorous medical testing," according to Axa. Claimants are also forced to pay for an initial report into the injury. The result of far fewer claims is that motor insurance costs 40pc less. In Germany, a high level of proof is required to get compensation, particularly for low-speed collisions. Injuries are also diagnosed using "clear objective criteria," Axa found. Italy also has new guidelines for accurate medical diagnosis, while Canada has a cap on payouts, varying between states, but typically less than £5,000. In Sweden, there is a time-limit of 72 hours for the onset of symptoms. After that insurers generally reject claims. It might seem a no-brainer for the UK adopt similar measures. However, making a change to this system could be construed as an affront to access to justice in Britain, as the genuinely afflicted may be dissuaded from claiming. The cynic in me expects this argument belongs more to greedy claims management middlemen, who take a cut from successful claims, but it's a fair point. Another problem with claims in the UK is that often people are genuinely hurt, but the cause may not have been whiplash. Advertising has a large role to play here. It's difficult to go 10 minutes through daytime television on any commercial channel (I'm told) without being affronted by a Z-list celebrity bleating "have you been injured in a car accident or at work?," or similar. This encourages spurious claims, which is simply not a problem in other countries. Around 30pc of whiplash claims are exaggerated, according to the Claims Standards Council. There is likley to continue to be an industry of people "farming" the chancers so long as there are profits to be made by middlemen. The situation has become so dire that some organised gangs are staging crashes to create minor whiplash injuries and make a claim. This can not only go awry for the crooks - there have already been deaths - but could also endanger other drivers. Another issue is inducements paid for referring customers to lawyers or claims firms. These are still part of the system, the experts say, as crooked lawyers and insurers have found legal ways to take backhanders. To me this is about the burden of proof. A representative of the claims management industry said that it is far too easy to get minor injuries signed off by a doctor as whiplash. There needs to be much stricter criteria so it becomes the individual's responsibility to prove they have been hurt in the crash. Axa called for compulsory MRI scans. This seems sensible, but expensive. Asking the customer to pay this fee would be unrealistic and a barrier to claiming for those on low incomes, which is simply not fair. Insurers may feel it's worth paying the extra fees out of their own coffers to cut overall costs for customers and the industry. The insurer also called for an accredited body to verify claims, through an accredited doctor, with tighter definitions and gradations of the exact injuries sustained. Even GPs at the briefing said whiplash is over-diagnosed. Representatives for the government said Axa's proposals could certainly represent "part of the solution" as it seeks a "broad range of views" before introducing reform.