The Gazette 1987

GAZETTE

SEPTEMBER 1987

is penalised for his own wrong- doing does to some extent act as a deterrent against general irres- ponsibility and is a positive encouragement to a sense of responsibility towards one's fellow citizens. I have yet to be convinced that a centralised State compensation system for motor or work accidents would be more efficient and cost effective than a private insurance system under which commercial and competitive factors will automatically weed out the inefficient. How can insurance premiums be reduced? The IIF believes that insurance premiums can be reduced by: (a) reducing the number of accidents; (b) improving the efficiency of the legal system and reforming certain aspects of the current practices governing the cal- culation of damages; (c) the elimination of uninsured driving. The IIF proposals under each of these headings are as follows: How to reduce accidents • establish a special Garda Traffic Squad to enforce existing road traffic legislation especially drink/driving laws, speed, seat belt usage; • provisional licences to be granted only to those who have under- gone a minimum number of certified driving lessons; * automatic repeat of driving test for those convicted of careless/ drunken driving; * restricted driving licences to be granted to young drivers; * immediate implementation of Barrington Report on Safety in the Workplace; * appointment of additional safety inspectors. • stiffer penalties for those con- victed of breaking road traffic or work safety regulations. How to reduce cleims costs • abolish trial by jury in High Court civil actions;

* statutory limit on compensation for "general damages" of £75,000; * no compensation to be awarded for "general damages" where injuries are not serious or per- manent; * when calculating compensation for future loss of earnings full credit to be taken for payments received from State and, in the case of work accidents, also benefits received under pension and permanent health insurance schemes which are funded entirely by the employer; * improved pre-trial procedures including automatic exchange of medical and other expert reports; * removal of restrictions on in- creasing/reducing lodgments; * introduction of a final date for agreed settlements which should be at least fifteen" days before the date of the scheduled hearing; * removal or substantial reduction of VAT and other taxes on legal fees and documents. How to eliminate uninsured driving * stricter enforcement of the law; * minimum fine of £500; * Gardai to be given power to impound vehicle. Finally, I would question Mr. Coghlan's assertion that the effec- tiveness of the insurance industry's public relations has exceeded that of the legal profession. We have been campaigning for major reform of the legal system since the early 1970's but to date without much success. The legal lobby against such change has been more effective. Perhaps the balance is about to change! •

COLIN G. GOGGIN Medical Photographic Consultant

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