Dominic Clayden. Linking the Industry Together

Size: px
Start display at page:

Download "Dominic Clayden. Linking the Industry Together"

Transcription

1 Linking the Industry Together May 2013 Issue 01 ISSN Steve White new CEO of BIBA outlines his manifesto priorities for members and underlines his commitment to fighting for fairer, more relevant regulation for insurance brokers. Motor sense: Instead of moaning about the state of the insurance market, a team of claims professionals decided to try and do something about it, as Ant Gould, CII, explains. Modern Claims Magazine May 2013 Issue 01 Charlton Grant Supported by Claimant representatives and insurers are always going to be on opposite sides of the fence. But we can agree to disagree on some issues and put that aside and work together on issues of mutual interest, fraud, for example. James Dalton, ABI Dominic Clayden I don t believe having lawyers in those low value claims adds any real material value the value can be delivered by going directly to the insurer so from an Aviva point of view, let the insurer have the first go at settling it. Association of Regulated Claims Management Companies A CENTURY OF PROFESSIONALISM Sponsored by

2 General Insurer of the Year ALL YOU NEED IS At LV= Broker we support our brokers with a wide range of personal and commercial products. This allows us to build meaningful relationships with our brokers. Relationships that stand the test of time. You ll love LV= Broker! /13 LV= Broker

3 Introduction 03 Welcome to the first issue of In the spirit of change for the claims sector, we are delighted to bring you Modern Claims magazine a unique new publication created by all spheres of the industry, for the industry. Modern Claims features exclusive opinion, indepth interviews and analysis from claimant and defendant lawyers to insurance companies and brokers, expert witnesses, funders, rehabilitation specialists and the creators of effective claims processes. It endeavours to expose the realities of effective claims processing in light of reform and regulation; what the industry / customers / clients and partnerships might be missing or indeed getting right and sharing those stories with the wider sector. I m delighted to welcome you to the first issue packed with new faces and recognisable VIPs who make up our editorial board and author our features. We have been lucky enough to secure exclusive interviews with the ABI, Aviva, the BIBA and the former MASS Chairman and partner of Carpenters for the launch edition and there s more to come. So read on and stay in touch this is your platform for knowledge and analysis exchange. Come, join in the debate and share your understanding of where the claims market is heading, what clients need and how to service expectations under the new legal and regulatory regimes. As well as the bi-monthly publication we have also launched a new website (www.modernclaimsmagazine.co.uk), to be followed by specialist roundtables made up of industry figureheads as well as regular supplements. At a time when the claims industry is currently facing its biggest fear the unknown - make sure you stay in the know and have Modern Claims and its experts to hand. Modern Claims - helping to inform, arm and innovate the industry in a new era... Emma Waddingham, Chief Editor Modern Claims Magazine Issue 1 May 2013 ISSN Project Director Kate McKittrick Accounts Director Karl Mason Chief Editor Emma Waddingham Editorial Department Charlotte Parkinson Head of Events Julia Todd Interview Editor Bippon Vinayak Events Manager Charlotte Parkinson Advertising Rachael Pearson Production Lindsey Thomson-Heley Design Richard Berry Contact t: e: w: Modern Claims Magazine is published by Charlton Grant Ltd All material is copyrighted both written and illustrated. Reproduction in part or whole is strictly forbidden without the written permission of the publisher. All images and information is collated from extensive research and along with advertisements is published in good faith. Although the author and publisher have made every effort to ensure that the information in this publication was correct at press time, the author and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.

4 04 Contents CONTENTS Intro & THE News 07 Ant talks news Instead of complaining about the state of the insurance market, claims professionals have been trying to do something about it, to put the sense back into motor, as Ant Gould explains The INTERVIEWS 11 Interview with... Steve White, BIBA Steve White tells Emma Waddingham about BIBA s rejuvenated focus through its mandate to help grow the sector and fight for fairer regulation. 15 Interview with... James Dalton, ABI Emma Waddingham speaks to the ABI s Assistant Director, Head of Motor and Liability, about the impact of reform and the need to step up the fight against fraud The Opinions 20 New horizons BIBA 20 Whiplash: where are we now? Craig Budsworth, MASS 21 Improving support for Mesothelioma suffers ABI 21 It s all up in the air Rod Evans, Forum of Insurance Lawyers 23 Cowboys and Indians Alan Nesbit, Association of Regulated Claims Management Companies 24 Collaborative marketing Matthew Waterfield, Simply Lawyers 24 With a push of a button Robert Kelly, Acorn Assessors 25 CMCs: Going back to their roots Jim Toole, First Response Law 25 The balance of rights Peter Parry, Independent Accident Investigations 27 Further intervention Peter Horton, LV= 27 The balancing act Donna Scully, Carpenters 28 Money to be made? Alan Nesbit, Nesbit Law Group 28 Take control of change Rob Smale, Ageas 29 Do you know what diminution is? Emma Bell, Clifford James Editorial Columnists Alan Nesbit Managing Partner Nesbit Law Group & Chairman, ARC Craig Budsworth Chair, MASS & RTA Partner, Glaysiers Jim Toole Operations Director First Response Law Nik Ellis Managing Director Laird Assessors Rob Smale Claims Director Ageas Alan Strange Underwriting Director LAMP Group Limited Darren Gower Head of Marketing Eclipse Legal Services Keith Crosier Managing Engineer Legal & Technical Assessors Peter Horton Chief Operating Officer - GI LV= Rod Evans President FOIL Andy Kirk Director Quartix Andy Whatmough Director S & G Response Ant Gould Director of Faculties Chartered Insurance Institute Anthony Hughes Chief Executive Horwich Farrelly Solicitors Bippon Vinayak Chairman & CEO Doctors Chambers David Brierley Business Development Executive Willis UK Retail David Williams Managing Director, Underwriting AXA Insurance Donna Scully Partner Carpenters Emma Bell Director Clifford James Gary Pomfret Casualty Practice Leader UK, Ireland & Asia Regions XL Group Laurence Waterhouse Associate Director REC Flood Risk Mark Savill Managing Director Lyons Davidson Matthew Waterfield Head of Legal Development Simply Lawyers Michael Davidson Head of Strategy & Sales Goldsmith Williams Solicitors Michael Nixon CEO Inter-est Ltd Peter Parry Managing Director Independent Accident Investigations Raymond Southern Joint Head of Fraud Berrymans Lace Mawer Richard Clark Director Xuber Richard Forth Managing Director Forths Forensic Accountants Robert Kelly Key Account Manager Acorn Assessors Stuart Brown QC Parklane Plowden Tim Wallis Mediator, Solicitor, Director Expedite Resolution Tony Rand Managing Director Kingsley Law Ltd Tony Walton Managing Director Questus

5 Contents Shades of grey Raymond Southern, Berrymans Lace Mawer LLP 31 An intelligence choice Nik Ellis, Laird Assessors 31 The balance of rights Alan Strange, Lamp Group Limited 33 Outsourcing: the future? Michael Davidson, Goldsmith Williams 33 Diverse expertise: the expert conundrum Keith Crosier, Legal & Technical Assessors 34 A new era for motorists? David Williams, AXA Insurance 34 The wait is over...well, almost Gary Pomfret, XL Group 35 Legacy systems and risk Richard Clark, Xuber 35 Wider choice for consumers? Andy Whatmough, S & G Response 36 The time is now for mediation Tim Wallis, Expedite Resolution 36 Getting it right for claimants Richard Forth, Forths Forensic Accountants 37 Consistency is Key Mark Savill, Lyons Davidson 39 Change beyond expectation Michael Nixon, Inter-est Ltd 39 Beyond LASPO and AHSE 6115 Tony Rand, Kingsley Law Ltd 40 Complicating revolution Anthony Hughes, Horwich Farrelly 40 Evolving for efficiency Bippon Vinayak, Doctors Chambers The Features 43 We ll miss the good old days Will we really miss days gone by for legal services and will the clients? Tony Walton visualises a worryingly possible scenario which you ll either love or hate Good relations? LASPO & the Jackson reforms, ABSs and joint ventures between insurance companies and lawyers, have led to a more unique relationship between claimant and defendant legal practitioners, as Anthony Hughes reports 48 Reconsidering the Approach: catastrophic injury claims Stuart Brown QC reminds practitioners to look at how the finances should be used and/or invested in outside the box, to ensure long-term and real benefit for the injured party 50 Interview with...donna Scully, Carpenters Donna Scully, Partner at Carpenters and immediate-past Chairman of the Motor Accident Solicitors Society MASS speaks out about the issues facing the PI claims sector from business planning to further reform in the post LASPO landscape 53 Telematic-based opportunities Telematics technology is fast-becoming mainstream with motorists as insurers recognise the advantages of telematicsbased insurance, as Andy Kirk explains 55 An affinity for quality partnerships The last 12 months have certainly been history in the making for the professional services sector with the advent of ABS. With legal and RDR being the key focus for most of the financial sector, it has been a challenging but interesting time for all professional service stakeholders concerned. Michael Davidson reports. 56 Interview with... Dominic Clayden, Aviva Dominic Clayden, Aviva s Director of Claims, speaks to Bippon Vinayak about controlling costs, fraud, settling fairly and quickly for clients and the effective use of medical reporting agencies. 59 A flood of concern Laurence Waterhouse asks, is the risk from climate change increasing for insurers, developers and property owners? 61 Taking stock: APIL Annual Conference 2013 At a time of fundamental unrest within the claims sector, how will the new President of APIL, Matthew Stockwell, manage to take stock of the industry to face the changes head on? Charlotte Parkinson reports minutes with... Ashton West, Chief Executive of the Motor Insurance Bureau MIB 62 Welcome to the self-service future of law Darren Gower, Eclipse Legal Services

6 ACORN ASSESSORS CONSULTING AUTOMOBILE ENGINEERS

7 Ant Gould talks news 07 Putting the sense back into motor Instead of moaning about the state of the insurance market, a team of claims professionals decided to try and do something about it, as Ant Gould explains. This time last year, eight young insurance claims professionals were tasked by the Chartered Insurance Institute with the challenge of making a difference to their own profession and ultimately to customers. A very broad brief indeed, but perhaps in recognition of the mood at the time they quickly settled on the issue of motor claims as an area ripe for improvement. The group s project idea came from within their own ranks and echoes much of the rhetoric in the market. Indeed, Axa s UK CEO Paul Evans, speaking at a conference last year made a passionate plea to his fellow insurers, to stop trying to shaft each other over issues such as referral fees and credit hire. And it is not only those within the insurance market that see the motor sector as one due for a little help. In the autumn, the Office of Fair Trading took the much mooted step of referring the UK s private motor insurance market to the Competition Commission for further investigation amid concerns that the market is not working well for motorists. It had mooted the move back in May after undertaking a market study which it said provided reasonable grounds for suspecting that the market displays features that prevent, restrict or distort competition. The core statement that has generated many column inches is that it viewed the market as dysfunctional and claimed that insurers are too distracted with lowering costs and pushing up rivals premiums to provide policyholders with quality replacement vehicle services. The Competition Commission is expected to cost 3m to run, take two years to complete and take up a lot of time and energy across the profession. Should the watchdog find that the market is harming competition it also has the powers to impose remedies. The market study provisionally found that the insurers of drivers responsible for an accident appear to have little Members of the CII Claims Faculty New Generation Group who produced the report above Gemma Glasspool Cert CII, Zurich Claire Holland ACII, Ecclesiastical Edward Frost, Axa Insurance Richard Codd - Crawford & Co Catherine Spencer, Allianz Lee Watts ACII, QBE Laura Terry ACII, Brit Stuart Floyd Cert CII, Direct Line Gropu New Generation Claims Group members Graham Stait. ACII, Allianz Jenny Neale ACII, Ecclesiastical David Clements Dip CII, Zurich Nigel Fryer ACII, NFU Mutual Martin Kilshaw,Cert CII, Axa Helen Taylor ACII, RSA William Talbot Dip CII, Crawford Ryan Spies Dip CII, Direct Line Neiha Chohan Dip CII.Atrium Underwriters control over the way repairs and replacement vehicles are provided to the not-at-fault driver. This might enable the insurers of not-at-fault drivers, and others such as insurance brokers, credit hire organisations and repairers, to engage in practices which appear to result in the cost of replacement vehicles and vehicle repairs provided to not-at-fault drivers being higher than they might otherwise be. An OFT statement read: Having considered the responses submitted during a public consultation process, the OFT continues to hold the view that a market investigation reference to the Competition Commission is warranted. OFT chief executive Clive Maxwell said: Competition appears not to be working effectively in the private motor insurance market. The insurers of at-fault drivers appear to have little control over the bills they must pay, and this may be leading to higher costs for them and ultimately higher premiums for motorists. Having publicly consulted on our provisional decision, we

8 08 Ant Gould talks news are still of the view that there is no quick fix to these problems, and that a more in-depth investigation by the Competition Commission is therefore appropriate. It is against this background that the CII Claims Faculty New Generation Group launched their thought-leadership report which proposes a new way of approaching motor third party damage claims. At the core of the report is a challenge to insurers to sign up to a new process that promises a shift in motor claims best practice. The group s original investigations found, not surprisingly, that the speed of claims resolution in TPD claims, from a customer perspective, can be overly-lengthy. This was based on the group examining almost 17,000 samples of open stock data which showed a settlement peak of days regardless of the value of the claim. Equally, the group claims that the absence of an effective inter-insurer network contributes to huge losses in the industry and that disagreement about liability in motor accident damage settlements is leading to arguably unnecessary litigation in 20 per cent of cases costing in excess of 280m per year, which could be removed if the need for legal support is avoided. To tackle the challenges, the New Generation Claims Group s mission statement encourages the industry to sign up to a new blueprint for how TPD claims are handled. To create a simpler, fairer and more transparent process, the group is urging insurers to: 1. Change behaviour in favour of collaboration in achieving a quicker resolution of motor claims. 2. Adopt a protocol that resolves liability disputes and achieves a definitive customer outcome within 72 days 3. Follow a process that offers a realistic chance to resolve a claim at each stage without further delay. That process involves: i. Assessment: insurers reimburse costs where liability is accepted after a maximum of 15 calendar days. ii. Negotiation: where liability remains in dispute, a maximum of 36 days for insurers to prepare a case, exchange documents and reach a conclusion if liability is agreed. iii. Adjudication: if liability is still disputed, the use of pendulum adjudication in which an arbitrator decides which party has the most reasonable position provides the best option for settlement, with costs shared by each party involved. The CII New Generation programme The insurance profession, and with any profession, is only as good as the quality of the young talent coming through and it was with this in mind that the CII set up a New Generation programme across its faculties covering claims, underwriting, insurance broking and the London Market. The year long programme takes a handful of insurance practitioners, nominated by their line managers, and brings them together to consider and develop new and innovative ways to improve their sector. In addition to their project work they also provide unique access to Westminster and the FSA. The CII is the world s leading professional organisation for insurance and financial services. Its more than 108,000 members are committed to maintaining the highest standards of technical competence and ethical conduct. A robust framework of learning and development solutions enables the CII to support corporate partners and individuals across the industry. It ensures that all members comply with minimum standards and inspires many more to achieve advanced levels of technical and professional competence. What do you think next year s CII Claims Faculty New Generation Group should look at for their project? suggestions for their consideration to me at The NGCG report lays down a need for all participating insurers to believe they each stand to gain equal benefit from the process and adhere to clear and strict mandatory requirements rather than guidelines to create a culture whereby all parties work together to improve the claims experience. While the pre-action protocols set out following Lord Woolf s 1996 Access to Justice Report were considered effective in helping to each party to understand the other s position and enabling resolution through Alternative Dispute Resolution ADR rather than resorting to litigation, it was felt they did not go far enough and were not prescriptive enough for non-injury claims. There is hesitancy for motor claims insurers to work co-operatively due to today s increasingly price-driven marketplace and naturally not wishing to break competition law even more so now in the light of the decision for the Competition Commission to investigate the private motor insurance market. Yet, perhaps ironically, it is fierce competition that has driven insurers apart and created unnecessary adversarial activity in some cases to customers detriment. Co-operation, or collaboration between insurers, in this case is not about collusion but the application of common sense removing unnecessary attrition for the benefit of customers. The New Generation Claims Group s work should act as a timely call to action for a part of the market that touches so many people s lives. The suggested protocol may not be the perfect answer, but the recommendation of a step-by-step change, with improved inter-insurer relationships at the heart of it, is one the industry needs to take seriously both for its sake and, more importantly, the benefit of customers. Ant Gould is director of faculties at the Chartered Insurance Institute The full report is available at the CII s website: claims/articles/claims-faculty-newgeneration-group-2012-project/22166

9 XL Group Insurance Properties, transport, energy, art, manufacturing, insurance, aerospace, contracts or people. Whatever your world is made of, we re here to help your business move forward. MAKE YOUR WORLD GO xlgroup.com and MAKE YOUR WORLD GO are trademarks of XL Group plc companies

10 NO.1 IN MEDIC0 LEGAL CHALLENGES ARE HERE WE RE READY, ARE YOU? MOJ CHANGES LASPO REFERRAL FEE BAN

11 BIBA 11 Interview with... Steve White, BIBA Steve White has had little time to recline into his incumbency since becoming the new CEO for BIBA (British Insurance Brokers Association). He spoke to Emma Waddingham about BIBA s rejuvenated focus through its mandate to help grow the sector and fight for fairer regulation in the UK and Europe. Q What is the key focus for BIBA and its members in the modern claims arena? A 2013 is an important year for UK growth and our members have a part to play. We have published a new manifesto 1 that underlines the key campaign issues for BIBA going forward to help members address what we call the growth challenge. Stand-out campaigns will revolve around the consumer (brokers sell 50% of general insurance in the UK market), to ensure that we are regulated fairly and effectively and to ensure members help customers to manage risk and underinsurance ensuring business continuity and economic growth. There are also issues of sector continuity for the Broker industry. There are a number of mergers expected or happening as members (insurance brokers are mainly made up of small-medium sized firms) come towards the end of their career and are looking to sell their business on. These are all issues to be raised in the forthcoming BIBA conference 2 Meeting the Growth Challenge to ensure members have the tools and information to help compete at the same level. Q Why the need for fairer regulation? A Insurers play a significant role directly and indirectly in the UK economy around 1% UK GDP (which is comparative to agriculture in the UK). Yet this isn t reflected in terms of how the sector is regulated. We have been shoe-horned into another sector s regulatory process (the FSA) and the UK insurance brokers regulatory costs are the highest in Europe [regulatory costs as a proportion of general insurance intermediation revenue is 3% for the UK broker sector]. It s not proportionate for such a low-risk sector. Insurance brokers want to be regulated to keep the cowboys out of the industry and protect consumers - and we realise we have to pay for that protection but the year-on-year rise in regulation cost needs to be tackled. BIBA wants a regulator that is strong while at the same time ensuring an appropriate, proportionate and cost-effective approach to regulation which recognises the low risk but important nature of general insurance brokers who do not carry insurance risk. We have a great opportunity for change with the Financial Conduct Authority (FCA) replacing the FSA and our campaigns will ensure the right, not light solution. Martin Wheatley, the new CEO of the FCA will be on stage at the BIBA conference and interviewed by Nick Robinson - proving an opportunity for BIBA members to challenge him on what the regulator will do. 1. See page 20 for details of the latest BIBA Manifesto. 2. The Annual BIBA Conference (15-16 May 2013) will be covered in the next issue of Modern Claims. Steve White Cert CII, CEO, BIBA Steve has spent over 35 years in the insurance industry, working for the Guardian Royal Exchange Group, the General Insurance Standards Council and the Financial Services Authority. Steve joined BIBA in March 2004, bringing the experience, knowledge and enthusiasm which has significantly benefited both the Association and its members. He has a detailed understanding of the application of FSA rules to insurance intermediaries and is a source of informed opinion on regulatory and compliance issues. He was appointed CEO in May Steve sits on the Directors Committee of BIPAR (the European Federation of Insurance Intermediaries) and also on the Ministry of Justice s Claims Management Regulatory Consultative Group. In 2010 he was awarded the Compliance Personality of the Year award at the prestigious Complinet Compliance Awards.

12 12 BIBA Q How will the BIBA operate under your guidance? A We have a mandate aim to create a first class insurance broker sector and the leading UK general insurance trade association for members, customers and insurer clients. This means working more closely with members, to build data and segment membership more appropriately so we can build a better picture of the market and members needs. We are going to focus on resonating as one voice, resourcing for the executive team, commercial activities and a new principlesbased code of conduct to help increase customer confidence; especially in terms of communicating the value brokers bring to customers in the claims stage. Ultimately we get claims paid for customers that might not otherwise be settled valuable evidence of our commitments and benefit to customers, reflected in our recent member research: Insurance brokers adding value in the claims process (see below for research highlights). With this in mind I d like to call on members to get involved and add to the debate and call for evidence especially through the local committees - to help BIBA be the best it can be for its members and the industry. Steve White, BIBA Modern Claims asked Steve Foulsham, Head of Technical at the BIBA, about the impact of reform and business management change on insurers and insurance brokers in the claims sector. QDo you envisage a number of insurers looking to ABS models (either alone or as a Joint Venture) to overcome the shortfall in claims post-laspo? A Inevitably, some will, as will some brokers. QWhy haven t we seen many to date? AThere could be a number of reasons for this. Some may be taking a wait and see view at present, and some solicitors have failed financially, so it may not be so lucrative a business model as perhaps envisaged. It may also not be as flexible as the present system where the most suitable solicitor can be appointed for the case in question. Insurers have made the investment of setting up or taking over firms of solicitors incorporating greatly reduced fees, but arguably, this could reduce the quality as the lowest cost or next in line appointment may not necessarily provide the sufficient expertise required in the particular case. Some would argue that insurers should have sufficient skills in their claims areas to make a solicitor unnecessary other than to fulfil the protected areas and to provide access to a QC (although direct access to barristers is now allowed). QIs legal services outsourcing a more effective, efficient model for insurers? AYes, at the moment although one could envisage a set up similar to the personal debt firms setting up individual voluntary arrangements (IVAs) where there is one insolvency practitioner and hundreds of staff filling in the forms etc. You could have one qualified solicitor and lots of clerks who handle it on a call service basis and using a tick box form, gather the information which generates a standard letter. Insurers have reduced and/or deskilled claims departments so it is easier to pass work out to solicitors. QWhat would insurer ABSs mean for consumer choice? AFor most consumers, very little. The ABSs formed so far have been mainly for areas such as conveyancing and probate. Insurers would set them up only for litigation work and few consumers get involved in litigation (other than whiplash). Currently, where they do, and it is paid by the insurer, the insurer will nominate which solicitor shall be appointed, so there is not much choice at present. That is not necessarily a bad thing - if the insurer has done its job well, then the solicitor will be experienced in litigation work. If the consumer made the choice, he might choose the firm that did his conveyancing work and who rarely does anything else. QWhat would ABSs mean for the insurance broker market? the demise of referral fees, AWith probably very little. As with insurers, brokers would have to judge how good the insurer plus the ABS is, compared to another insurer plus panel solicitor. QWill reform in Employers Liability (in the Enterprise Bill) have a significant impact to the insurance and insurance brokering market in England and Wales? ADoubtful. At present, breach of statutory duty can give you an automatic right to compensation for the injury suffered. So if you fail to guard a machine and the operator has his fingers chopped off, he does not have to prove negligence to claim damages. It would seem in future given the same scenario; the operator would have to show the lack of guarding was the cause of his injury and the employer owed a duty of care and had failed negligently in not fulfilling that duty. The present basis is that the guarding should be sufficient to prevent the operator getting his fingers trapped, so there could be some cases where the guarding does not achieve this, but in future a court could rule that the guarding was reasonable and the operator had acted unreasonably. This might provide small savings for insurers, but offset by increased legal fees as the claimant has more to prove. QWhat is the biggest challenge for BIBA and its members this year in the claims industry? AEnsuring prompt and fair settlement of claims. QWhat is your key campaign for reform / management etc with regard to the claims insurance market? AOur manifesto includes a call to reduce the number and cost of whiplash claims and more appropriate regulation of claims management companies. In addition we would like to see more openness on claims reporting, including publishing of results. Steve Foulsham, BIBA

13 BIBA 13 BIBA member research: Insurance brokers adding value in the claims process The BIBA polled members across the UK about claims activity, insurer behaviour and award settlements. It published its findings in January 2013, with the key responses below: 89% of broker respondents believe that insurers are becoming stricter on paying claims. 77% believe this is because of the economic climate 56% said this is because of fraud Other examples include insurer reduced investment income and claims inflation 64% of broker respondents have had to fight harder on behalf of clients to get full settlement on claims during the economic crisis. In the last year 72% said they had overturned a claim rejection by an insurer. 43% said the average percentage uplift on a claim payment that they regularly negotiate on behalf of a client is between 11-20% 42% said up to 10% 8% said between 21% and 30%. In the last year 69% of brokers have secured an increased payment for a claim on behalf of a client following an initial lower offer. 53% said this was occasionally 16% said that this was often. For those that secured an increased payment for a claim on behalf of a client following an initial lower offer: 46% said that the uplift was between 0 10% 26% said between 11-20% 14% said between 21%-30% 5% said between 51% and 60% Note: Where percentages total more than 100%, brokers were able to select more than one option in their response. AccidentM anagem ent.sim ply.effectively. It isonlyw henyou have a headache that not-having-a-headache has such a very high value Claim shandling Replacem entvehicles Vehicle Repairs When an accident is not your fault, S&G Response will provide you with immediate assistance and support. Every claim is personally managed by one of our experienced and friendly operators ensuring a dedicated service. You will be provided with direct dial telephone numbers and direct , coupled with online tracking of your case and SMS updates. Your piece of mind is our priority. We will contact and manage all the parties involved in the process including the other driver and the insurance companies. We will be able to assist you with: Vehicle repairs (you will not have to pay your insurance policy excess and your No Claims Bonus will be unaffected) A like-for-like replacement vehicle Loss of earnings Out of pocket expenses CLAIMS INNOVATION AWARDS 2012 WINNER S&G Response St. Ann s House, Parsonage Green Wilmslow, Cheshire SK9 1HG Tel: Fax: Web: Authorised by the Ministry of Justice in respect of Regulated Claims Management Activities CRM S&G:A straightforw ard solution to m otoring problem s deliveredw ithsim plicity.

14

15 ABI Interview 15 Interview with... James Dalton Association of British Insurers Emma Waddingham speaks to the ABI s Assistant Director, Head of Motor and Liability, on the impact of reform for its insurer members and the need to step up the fight against fraud, collaboratively. Q Do ABSs and the rise of insurer partnerships or BPOs especially for non-fault claims increase consumer choice? Do they also mean that insurers are looking to expand into other lines of legal work? A ABSs enable non-legal capital to enter the legal service market through non-traditional legal service providers. A number of insurance firms in the market are considering opportunities to help them manage their claims. Their priority will, I am sure, to be to ensure that customers receive a good service, including access to a choice of legal services. Insurance companies aren t charities so if the business case stacks up and supports the bottom line, then we may see some such arrangements coming through the system. I think the ban on referral fees is a red herring when thinking about insurers possible entrance into the ABS market. And in any event, the Solicitors Regulation Authority which must approve any ABS has been very clear that they will not approve arrangements designed to get around the referral fee ban. The question that needs to be asked is; would the business case stack up for insurers in the context of the recent reductions in RTA fixed fees?. We have long argued that a 1200 fixed fee is too high in the context of referral fees being banned. But with fixed fees at 500, insurers will need to do the sums on whether an ABS model is right for their customers and their bottom line. Q What about the RTA portal are there any lessons learned from its introduction that can be extended to the forthcoming expansion horizontally and vertically later this year? A We got off to a shaky start. Both claimants and defendant solicitors have learned to work within the system. The Board has also addressed some of the The insurance sector has made a very public commitment to ensure that any savings will be passed onto consumers. In the last quarter of 2012, car insurance premiums were reduced in anticipation of savings against low-value RTA claims. But this is a highly competitive market James Dalton, Assistant Director, Head of Motor and Liability, ABI James is an Assistant Director and Head of Motor and Liability insurance in the General Insurance Directorate. James leads the ABI s work on improving the personal injury compensation system; tackling uninsured driving; and addressing and improving road safety, especially for young drivers. James also has responsibility at the ABI for the establishment of the Employer s Liability Tracing Office ELTO and improving the compensation process for those with occupational diseases. Prior to joining the ABI, James was a Senior Adviser at the New Zealand Ministry of Economic Development where he co-ordinated a review of New Zealand s standards and conformance infrastructure, undertook international trade negotiations and acted as Private Secretary to the New Zealand Minister of Commerce.

16 16 ABI Interview Really, claimant solicitors should have???? been adapting their business models to ensure they can meet the challenges of LASPO...and continue to provide high quality legal advice, rather than engaging in a frantic last minute fee grab behavioural changes that arose in the early days of managing claims through the portal and it has done a good job in doing so. After the forthcoming expansion both horizontally and vertically, the Board will, I am sure, address any new behaviour issues by solicitors or insurers to ensure the Portal does what it was intended to do. The Government has looked carefully at fixed fees in RTA and ELPL. It decided to extend and reduce fixed fees to avoid any behavioural changes that came into play when the Portal first came into existence but you can t tell what lawyers will do until the new system starts but the Portal Board will consider and address any new problems that emerge. Q Do you envisage any problems in the claims system due to the sheer scale of claims that have been processed prior to the 1 April 2013 deadline before Jackson and LASPO reforms kicked in? A Anecdotal evidence suggests claimant solicitors have tried to ensure a maximum number of claims were filed pre April 1 st deadline and certainly before the reduced fee levels start at the beginning of May. But we ll only know when these are worked through the system. A large number of claims are being managed through the portal and I m sure things will settle down in time. Really, claimant solicitors should have been adapting their business models to ensure they can meet the challenges of LASPO, which became law last year, and continue to provide high quality legal advice, rather than engaging in a frantic last minute fee grab. What they did was try to get as many claims processed on the higher fixed fee model. However those firms that are robust enough to do well post LASPO will. Insurers have been adapting to the post-laspo environment about reform as well. A lot of work has been undertaken in insurance firms to ensure they meet the rules and respond to claimant law firms as quickly as possible to keep costs and delays to a minimum. One of the most perverse behaviours to transpire after the launch of the RTA Portal was claims dropping out. Now, those that drop out are also subject to a fixed fee, curbing this behaviour and ensuring the process should work as smoothly as it can. Q When will LASPO and the Portal expansion offer the purported lower policy premiums to consumers? A The insurance sector has made a very public commitment to ensure that any savings will be passed onto consumers. In the last quarter of 2012, car insurance premiums did reduce in anticipation of savings against low-value RTA claims. And this is a highly competitive market. Insurers can do one of two things: keep the savings, break the commitment they made and potentially lose market share or simply pass the savings onto the consumer. They will be forced to do the latter due to the highly competitive insurance market. The insurance industry spends almost 10billion per year on RTA claims. The reduced legal fees are a small but significant part of that. And they need to be seen in the context of a 10% increase in general damages in the latest Judicial College Guidelines and a further 10% increase in general damages following the Court of Appeal s guidance in Simmons so there are other elements of the system which need to be addressed. It s simply inconceivable that there are 1500 genuine and legitimate whiplash injuries occurring every day in the UK. This needs to be addressed as does the ways in which the medico-legal system encourages and facilitates whiplash claims Q What are the biggest issues for the ABI and its members this year, regarding the claims sector? A There are two key areas of focus. Firstly on personal injury claims, especially whiplash. We have recently submitted a response to the Transport Select Committee Inquiry on whiplash to explore the contributing factors that have given rise to the compensation culture, costs issues and fraud. Fraud and exaggerated claims are key concerns when thinking about whiplash. Insurers spend over 2billion per year paying whiplash claims. It s simply inconceivable that there are 1500 genuine and legitimate whiplash injuries occurring every day in the UK. This needs to be addressed as does the ways in which the medico-legal system encourages and facilitates whiplash claims. There is also a need for a public policy debate about whether low speed shunts in supermarket car parks (for example) should attract the current levels of compensation awarded to the non-fault driver. This is a debate society needs to have as the cost of damages and fraudulent claims are passed onto those honest customers paying car insurance premiums. The insurance industry has, and always will, pay legitimate, honest claims as soon as possible. Claimant lawyers make money from whiplash claims and they should do, they are businesses. They aren t in business for purely altruistic reasons but it honest customers are tired of paying the price of lawyers pushing exaggerated whiplash claims through the system. That is why we also support the Government s recent consultation on medico-legal evidence and the independence of those providing that evidence. For our part, the ABI has invested significantly into tackling fraud and are working closely with both claimant lawyers and others to share information to reduce fraudulent claims. And the ABI continues to work with the DVLA to ensure that the driver record information provided to insurers corresponds with that given to the DVLA at point the customer buys insurance. By working with the Police,

17 ABI Interview 17 we have also tackling the number of crash-for-cash scams. Q And secondly? A Secondly, the ABI is involved in the Competition Commission examination of the private motor market; there needs to be a conversation about the cost of credit hire and the cost of credit repair market. The Commission is considering how those markets operate in what us a largely unregulated supply chain which adds unnecessary cost onto claims. Excessive credit hire and repair activities are part of the unnecessary claims spend and it needs to be addressed. We should look at the systems used by other EU countries where customers often choose not to take the replacement vehicle on offer. In the UK there are huge incentives for the customer to take a hire vehicle which is often a far more expensive model than the car being repaired. Why wouldn t you take a new model BMW if your VW polo is in the garage? Q Will the claimant / defendant divide diminish or shrink post LASPO and Jackson as they forge new ways of working within the system? A Claimant representatives and insurers are always going to be on opposite sides of the fence. But we can agree to disagree on some issues and put that aside and work together on issues of mutual interest, fraud, for example. We are in conversations with the claimant legal community to share data. Claimant lawyers don t wish to represent fraudulent claimants and insurance companies don t want to pay a fraudulent claim. We hope that by continuing our discussions we can get to a point that works for both of our sectors. James Dalton, ABI Claimant representatives and insurers are always going to be on opposite sides of the fence. But we can agree to disagree on some issues and put that aside and work together on issues of mutual interest, fraud, for example

18 Northern Base National Presence The largest, specialist Civil Law set on the North-Eastern Circuit We provide a nationwide service to all of our clients and present a first class service at all levels of advocacy and advisory work. With over 80 barristers practicing across 8 core practice areas, we have been consistently recognised as a leading set by Chambers & Partners and the Legal 500. Personal Injury & Fatal Accidents Family Law Chancery & Commercial Employment Law Insurance Clinical Negligence & Healthcare Court of Protection & Community Care Litigation Funding Costs...the undisputed heavyweight of personal injury work on the North Eastern circuit... has no challenger in terms of the depth and breadth of expertise of its members... its dominance looks set to continue. Chambers and Partners 2013 For more information of how we can cater for your legal needs and budget, please contact our senior clerks Michael Stubbs or Andy Gray on or Follow us on Leeds 19 Westgate, Leeds, LS1 2RD Fax: DX: Leeds Park Square Newcastle upon Tyne 4-8 Lombard Street, Newcastle upon Tyne, NE1 3AE Fax: DX: Newcastle Web:

19 The Opinions The OPINIONS

20 20 The Opinions A manifesto for growth As Steve White (pictured) takes over as CEO of the British Insurance Brokers Association (BIBA), the general insurance market has taken stock on its mandate to boost the sector and add value particularly in light of its members role in the claims process. Its members include large and small businesses which want to cooperate with government to help the wider economy with new innovations and growth. BIBA has stated its commitment to working with the Government and other stakeholders on solutions in areas such as flooding, motor insurance premiums, the Employers Liability Tracing Office, the Equality Act and signposting, underinsurance, business resilience and continuity. A key part of the Manifesto also outlines its commitment to customers in the following way, directly linked to the claims industry: Better insurance law: BIBA supports changes to insurance law from the Law Commission that ensures better clarity for consumers and businesses, and a competitive and fair legal framework for the insurance industry. Lowering the cost of motor insurance: According to BIBA, motor insurance costs are too high and it wants to see them reduced. The BIBA eight point plan to reduce costs includes tackling fraudulent claims, excessive claims management costs, application fraud and helping young drivers. Improving the insurance experience for customers: Among its aims here is to facilitate a solution for the future of flood insurance and will help to raise awareness and improve understanding of the consequences of underinsurance. The BIBA campaigning issues for 2013 are: Meeting customers needs 1. Promoting access to suitable insurance protection 2. Mitigating the impact of floods and major catastrophes 3. Reducing the cost of motor insurance 4. Helping customer compensation (Employers liability) 5. Reform of insurance law Managing risks and supporting jobs and growth 6. Guarding against underinsurance 7. Tackling fraud 8. Promoting business continuity 9. Developing careers in the broking industry 10. Promoting international competitiveness 11. Developing the insurance industry Promoting fairer regulation 12. Regulation by the new Financial Conduct Authority (FCA) 13. Threshold condition four adequate resources 14. The protection of client money 15. Revision of the EU Insurance Mediation Directive (IMD) 16. Financial Services Compensation Scheme (FSCS) Reform Whiplash: where are we now? For months last year the industry was on tenterhooks waiting for the Ministry of Justice consultation on reforms to the whiplash claims system. At the time of writing, we are now in a similar position only this year we are dealing with the massive changes brought about by LASPO; and now waiting to see if the small claims limit will increase. What MASS would like to see Fraud undoubtedly exists in the whiplash claims process and the whole industry needs to work together to address this. We must put aside our differences and focus on finding the appropriate answers. MASS are talking to the ABI about sharing fraud intelligence and hope to hear from them soon. As a first step MASS members would like to see: More forums in which the industry is able to discuss its problems holistically and the possible solutions, and; A system where no damages are awarded without a medical and we look forward to hearing more from the Government on expert medical panels and whether or not they should be introduced and if so under what guise. However, we are deeply concerned about the government s proposal to raise the small claims limit from 1,000 to 5,000. This will reduce access to independent legal advice and force motor accident victims to navigate their way through the complex process of bringing a small claim. The Government must remember that implementing the referral fee ban and the Jackson reforms in April 2013 has fundamentally changed how the industry operates. We should let this reform bed in before rushing into further change and reform. If ABI numbers are correct, then 93% whiplash claims are valid. Any further changes made to the justice system need to be carefully thought through to protect genuine accident victims access to justice. We must be sure we develop sensible, proportionate solutions. MASS have captured a package of simple reforms in the MASS Motor Claims Code that could address these problems and we urge everyone in the industry to give us their support. Craig Budsworth, Chair, MASS Motor Accident Solicitors Society and RTA Partner, Glaysiers

Whether the government is correct in describing the UK as the whiplash capital of the world

Whether the government is correct in describing the UK as the whiplash capital of the world Whiplash and the cost of motor insurance: what s behind the insurance industry claims Submission to the Transport Committee by Thompsons Solicitors April 2013 About Thompsons Thompsons is the UK s most

More information

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry

More information

The industry is delivering on its commitment to pass on savings to customers

The industry is delivering on its commitment to pass on savings to customers TRANSPORT SELECT COMMITTEE INQUIRY COST OF MOTOR INSURANCE: WHIPLASH Evidence from the Association of British Insurers The Association of British Insurers (ABI) is the voice of the insurance and investment

More information

1. Findings from the OFT Report on the UK market as a whole

1. Findings from the OFT Report on the UK market as a whole Briefing on Legal and Justice issues relating to the Cost of Car Insurance February 2012 1 Background The Consumer Council has continued its campaign to lower the cost of car insurance in Northern Ireland

More information

OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES

OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES June 2013 MARSH INSIGHTS: OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES Over recent months we have profiled several developments in relation to insurance claims specifically

More information

All Party Working Group on Motor Insurance Room 21, Parliament Buildings, 14 October 2014 at 2pm

All Party Working Group on Motor Insurance Room 21, Parliament Buildings, 14 October 2014 at 2pm All Party Working Group on Motor Insurance Room 21, Parliament Buildings, 14 October 2014 at 2pm Present: Trevor Lunn, Chair Roy Beggs (for part) Cathal Boylan (for part) Alban Maginness (for part) Rob

More information

Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms

Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee An interlocking package of reforms March 2012 Briefing for Members of the Legal Aid, Sentencing and Punishment of Offenders

More information

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing.

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Introduction: response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Keoghs is the only top 100 law firm to focus exclusively on the insurance sector and

More information

March 2013. Lifting the bonnet on car insurance - what are the real costs?

March 2013. Lifting the bonnet on car insurance - what are the real costs? March 2013 Lifting the bonnet on car insurance - what are the real costs? Lifting the bonnet on car insurance what are the real costs? Most UK motorists have an opinion on the cost of car insurance. Many

More information

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 In brief Lord Justice Jackson s key task was to address disproportionate costs in civil litigation i.e.

More information

Information Gathering Exercise on Pre-Action Protocols

Information Gathering Exercise on Pre-Action Protocols Information Gathering Exercise on Pre-Action Protocols May 2014 INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

MASS agrees with the introduction of mandatory fixed fees for initial medical reports undertaken by the experts proposed.

MASS agrees with the introduction of mandatory fixed fees for initial medical reports undertaken by the experts proposed. Ministry of Justice Consultation: Whiplash Reform: Proposals on Fixed Costs For Medical Examinations / Reports and Related Issues Response from the Motor Accident Solicitors Society May 2014 Introduction

More information

Legal Services Board Referral fees, referral arrangements and fee sharing

Legal Services Board Referral fees, referral arrangements and fee sharing Legal Services Board Summary Note Aviva has restricted its responses to Personal Injury. Aviva accepts there may be similarities in Conveyancing agreements but has no experience of these and so cannot

More information

Road to Reform: Reducing Motor Premiums by Reforming the Personal Injury Claims Process

Road to Reform: Reducing Motor Premiums by Reforming the Personal Injury Claims Process Road to Reform: Reducing Motor Premiums by Reforming the Personal Injury Claims Process February 2013 Contents Executive Summary Introduction 3 What s wrong with the current personal injury claims process?

More information

A guide to professional negligence claims for personal injury victims

A guide to professional negligence claims for personal injury victims A guide to professional negligence claims for personal injury victims If you have been let down by a solicitor or claims management company in a personal injury case and have lost out financially as a

More information

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS).

This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a society of solicitors acting for the victims of motor accidents, including those involving Personal

More information

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing

More information

A response by the Association of Personal Injury Lawyers May 2014

A response by the Association of Personal Injury Lawyers May 2014 Scottish Civil Justice Council Information gathering exercise on pre-action protocols A response by the Association of Personal Injury Lawyers May 2014 Page 1 of 8 The Association of Personal Injury Lawyers

More information

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly If you do not get a chance to raise a question during the Webinar, you can use our MOJ advice centre, simply e mail your query to: Mojhelpline@uk.zurich.com

More information

The UK s Whiplash Epidemic

The UK s Whiplash Epidemic The UK s Whiplash Epidemic The International Insurance Forum Motor Insurance: The Road Towards Profitability James Dalton, Director of General Insurance Policy Association of British Insurers 19 th April

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

Civil litigation reforms Jackson one year on

Civil litigation reforms Jackson one year on Civil litigation reforms Jackson one year on Introduction 1 April 2013 saw a number of civil litigation reforms come into force. The reforms were spearheaded by Lord Justice Jackson and were heralded to

More information

Disease: solving disputes post 1 April 2013

Disease: solving disputes post 1 April 2013 Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols

Scottish Civil Justice Council Personal Injury Committee. Information Gathering Exercise on Pre Action Protocols Scottish Civil Justice Council Personal Injury Committee Information Gathering Exercise on Pre Action Protocols Response from the Motor Accident Solicitors Society June 2014 Introduction This response

More information

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance Client Bulletin June 2013 Ministry of Justice Reforms update and practical guidance This bulletin provides an update to our previous bulletin about the proposed Ministry of Justice Reforms and follows

More information

MedCo Framework Review Call for Evidence

MedCo Framework Review Call for Evidence MedCo Framework Review Call for Evidence This Call for Evidence begins on Thursday 16 July 2015 This Call for Evidence ends on Friday 4 September 2015 MedCo Framework Review Call for Evidence A Call for

More information

EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES

EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES 4 th January 2013 INDEX 1 INTRODUCTION Page No. A Background 1 B Referral fees 2 C

More information

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013 CLAIMSadvisor RISK PRACTICE JULY 2013 Employers & Public Liability Claims Jackson Reforms update We recently provided an overview of the Jackson Reforms and the key changes in relation to Employers Liability

More information

To: whiplashcondoc@justice.gsi.gov.uk

To: whiplashcondoc@justice.gsi.gov.uk To: whiplashcondoc@justice.gsi.gov.uk Unite the Union response to the MINISTRY OF JUSTICE consultation document: Whiplash reform programme: Consultation on independence in medical reporting and expert

More information

Whiplash: A political rather than a medical diagnosis?

Whiplash: A political rather than a medical diagnosis? Whiplash: a political rather than a medical diagnosis?,, Temple The Government believes that there is a major problem with false whiplash claims and over the last two years has consulted upon and introduced

More information

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf

More information

Private Motor Insurance. Royal & Sun Alliance Insurance plc. Summary Submission to the Competition Commission

Private Motor Insurance. Royal & Sun Alliance Insurance plc. Summary Submission to the Competition Commission 1. Introduction Private Motor Insurance Royal & Sun Alliance Insurance plc Summary Submission to the Competition Commission 1.1 Royal & Sun Alliance Insurance plc ("RSA") welcomes the Competition Commission's

More information

Asbestos Disease Claims

Asbestos Disease Claims Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.

More information

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Consultation Document Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Response from: British Vehicle Rental and Leasing Association River Lodge Badminton

More information

JUSTICE FOR MESOTHELIOMA VICTIMS

JUSTICE FOR MESOTHELIOMA VICTIMS JUSTICE FOR MESOTHELIOMA VICTIMS Fact, fiction and ideas for change A briefing from The Association of Personal Injury Lawyers (APIL) November 2013 The Association of Personal Injury Lawyers (APIL) is

More information

Technical claims brief. Monthly update February 2013

Technical claims brief. Monthly update February 2013 Technical claims brief Monthly update February 2013 Contents News 1 Ministry of Justice Claims Portal Extension put back 1 Solicitors Regulatory Authority stands by April 1 2013 implementation of referral

More information

EXPLANATORY MEMORANDUM TO. THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014. 2014 No. 3299 (L. 36)

EXPLANATORY MEMORANDUM TO. THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014. 2014 No. 3299 (L. 36) EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament

More information

the compensation myth

the compensation myth the compensation myth The Compensation Myth It is common to hear stories of the Compensation Culture or claims that Britain is becoming Risk Averse as a result of people claiming compensation. The truth

More information

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension QBE European Operations UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms and Ministry of Justice Claims Extension UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms

More information

Referral fees, referral arrangements and fee sharing

Referral fees, referral arrangements and fee sharing Referral fees, referral arrangements and fee sharing This response to the consultation is prepared by the Association of Regulated Claims Management Companies (ARC). We act as an industry trade body for

More information

ACCESS TO JUSTICE GROUP: RESPONSE TO SRA DISCUSSION PAPER ON REFERRAL FEE BAN

ACCESS TO JUSTICE GROUP: RESPONSE TO SRA DISCUSSION PAPER ON REFERRAL FEE BAN ACCESS TO JUSTICE GROUP: RESPONSE TO SRA DISCUSSION PAPER ON REFERRAL FEE BAN Introduction The Access to Justice Action Group (AJAG) coordinates action to protect access to justice for claimants, particularly

More information

Yes No No Preference. To help provide context, we can share our experiences in other jurisdictions which have moved to more advanced models.

Yes No No Preference. To help provide context, we can share our experiences in other jurisdictions which have moved to more advanced models. ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

An Update on the Ministry of Justice Reforms to Personal Injury Procedures

An Update on the Ministry of Justice Reforms to Personal Injury Procedures An Update on the Ministry of Justice Reforms to Personal Injury Procedures In terms of scale, the changes to the claims process for personal injury claims that interested parties have been expecting since

More information

LASPO. Why has. come about brief history of reforms

LASPO. Why has. come about brief history of reforms Contents Foreword 2 3 Foreword: Why has LASPO come about 4 Changes to funding and implications 6 Changes in practice 7 Track limits 8 The RTA and EL/PL Protocols 11 Referral fees 12 Contact information

More information

ENSURING CONSUMERS GET A FAIR DEAL FROM INSURANCE

ENSURING CONSUMERS GET A FAIR DEAL FROM INSURANCE Summary ENSURING CONSUMERS GET A FAIR DEAL FROM INSURANCE Nearly everyone buys General Insurance (GI) products, from compulsory policies such as motor insurance, to add-ons like gadget cover. In recent

More information

Consultation Document. Whiplash Reform: Proposals on Fixed Costs for Medical Examinations/Reports and Related Issues.

Consultation Document. Whiplash Reform: Proposals on Fixed Costs for Medical Examinations/Reports and Related Issues. Consultation Document Whiplash Reform: Proposals on Fixed Costs for Medical Examinations/Reports and Related Issues Response from: British Vehicle Rental and Leasing Association River Lodge Badminton Court

More information

We agree that by not increasing small claims track hearing fees, the Government is ensuring access to justice is not compromised.

We agree that by not increasing small claims track hearing fees, the Government is ensuring access to justice is not compromised. Ministry of Justice Consultation Court Fees: Proposals for Reform Response from the Motor Accident Solicitors Society January 2014 Introduction This response is prepared on behalf of the Motor Accident

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

Personal Injury. How we can help

Personal Injury. How we can help Personal Injury How we can help This information relates to the law and procedures in England and Wales. Please contact us if you need advice about the law and procedure in other legal jurisdictions. The

More information

Civil Justice Council response to Insurance Task Force interim report. May 2015

Civil Justice Council response to Insurance Task Force interim report. May 2015 Civil Justice Council response to Insurance Task Force interim report May 2015 The CJC welcomes an initiative to combat insurance fraud, which is not always easy to detect, but is a crime, and does lead

More information

Legal Watch What s on the horizon

Legal Watch What s on the horizon Legal Watch What s on the horizon January 2014 Introduction Welcome to the first joint Plexus/Greenwoods review of what the next quarter holds for those involved in personal injury claims. In This Issue:

More information

Discussion document on Referral fees, referral arrangements and fee sharing. Zurich response

Discussion document on Referral fees, referral arrangements and fee sharing. Zurich response Michael Mackay Legal Services Board 7th Floor, Victoria House Southampton Row London WC1B 4AD Your reference Our reference Date 4 January 2011 Discussion document on Referral fees, referral arrangements

More information

Your Motor Legal Protection Insurance Policy Wording

Your Motor Legal Protection Insurance Policy Wording Your Motor Legal Protection Insurance Policy Wording www.debenhamscarinsurance.co.uk Contents Your Motor Legal Protection Insurance Policy Wording... 3 General Exceptions... 10 2 Your Motor Legal Protection

More information

communicate 05 Legal Protection ATE Solicitor Newsletter Scottish referral fee ban produces UK's lowest rate of whiplash claims

communicate 05 Legal Protection ATE Solicitor Newsletter Scottish referral fee ban produces UK's lowest rate of whiplash claims Allianz Insurance plc www.allianzlegalprotection.co.uk Issue communicate 05 Legal Protection ATE Solicitor Newsletter 2012 The 1Jackson Report We will keep you updated as and when we receive any updates.

More information

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS Personal Injury Stephen Nye & Satinder Bains Partners Irwin Mitchell LLP, Birmingham FACTS AND FIGURES The number of cases of mesothelioma, caused by asbestos,

More information

Consultation Document. Reducing the number and costs of whiplash claims. Response from:

Consultation Document. Reducing the number and costs of whiplash claims. Response from: Consultation Document Reducing the number and costs of whiplash claims Response from: British Vehicle Rental and Leasing Association River Lodge Badminton Court Amersham BUCKS HP7 0DD Tel: +44 1494 434747

More information

Cost of Preferred (or more likely) Option Net cost to business per year (EANCB on 2009 prices) 0m N/A N/A No N/A

Cost of Preferred (or more likely) Option Net cost to business per year (EANCB on 2009 prices) 0m N/A N/A No N/A Dismissal of personal injury claims involving fundamental dishonesty IA No: MoJ 021/2014 Lead department or agency: Ministry of Justice Other departments or agencies: Impact Assessment (IA) Date: 6 June

More information

PUBLIC. CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London.

PUBLIC. CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London. Posted on Corporate Business on 11 December 2013 as approved by the Chair CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London Part

More information

The 2007 Rehabilitation Code

The 2007 Rehabilitation Code The 2007 Rehabilitation Code Introduction The aim of this code is to promote the use of rehabilitation and early intervention in the compensation process so that the injured person makes the best and quickest

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update June 2013 Technical claims brief Monthly update June 2013 Contents Costs 1 Limiting the cost of medical agency fees Charman v Reilly (May 2013)

More information

Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012

Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Alistair Kinley Partner & Head of Policy Development t: 020 7865 3350 e: alistair.kinley@blm-law.com construction

More information

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 LC Paper No. CB(2)2582/03-04(01) Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 Review of Professional Indemnity Scheme of

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update June 2015 Technical claims brief Monthly update June 2015 Contents FCA sets out their findings after looking at delegated authority arrangements

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information

Civil Litigation Reforms & AIG

Civil Litigation Reforms & AIG Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson

More information

Financial help for people with mesothelioma

Financial help for people with mesothelioma Financial help for people with mesothelioma This information is an extract from the booklet Understanding mesothelioma. You may find the full booklet helpful. We can send you a free copy see page 7. Contents

More information

Yes No No Preference. Comments. Comments

Yes No No Preference. Comments. Comments 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil Courts Review if made compulsory? (Please tick as appropriate)

More information

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers

More information

Review of the Regulation of Law Firms: call for evidence

Review of the Regulation of Law Firms: call for evidence Review of the Regulation of Law Firms: call for evidence A response by the Association of Personal Injury Lawyers March 2009 Page 1 of 8 The Association of Personal Injury Lawyers (APIL) is a not-for-profit

More information

General insurance reserving

General insurance reserving General insurance reserving Challenges for today and tomorrow Motor reserving in 2013 and PPOs by Anju Bell and Sarah MacDonnell Tuesday 7 May 2013 2013 Towers Watson. All rights reserved. Motor reserving

More information

Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014

Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014 Consultation Response Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014 The Law Society of Scotland 2013 Introduction The Law Society of Scotland aims

More information

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch?

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch? English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Legal Expenses Insurance

Legal Expenses Insurance Legal Expenses Express Services - Motor Legal Expenses Policy Summary Some important facts about your Express Services Motor Legal Expenses insurance policy are summarised below. This summary does not

More information

DEPARTMENT FOR CONSTITUTIONAL AFFAIRS (DCA) REGULATION OF CLAIMS MANAGEMENT SERVICES

DEPARTMENT FOR CONSTITUTIONAL AFFAIRS (DCA) REGULATION OF CLAIMS MANAGEMENT SERVICES DEPARTMENT FOR CONSTITUTIONAL AFFAIRS (DCA) REGULATION OF CLAIMS MANAGEMENT SERVICES CONSULTATION ON PART 2 OF THE COMPENSATION ACT 2006 SCOPE ORDER UNDER CLAUSE 3(2)(e); REGULATIONS UNDER CLAUSE 8 AND

More information

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 2013 JACKSON REFORM UPDATE From the beginning of April this year, Employers Liability (EL), Public Liability (PL) and Motor Injury Claims

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

The September 2012 updated report on third party motor claims from the Institute and Faculty of Actuaries

The September 2012 updated report on third party motor claims from the Institute and Faculty of Actuaries The September 2012 updated report on third party motor claims from the Institute and Faculty of Actuaries This is an update to the third annual report from the Institute and Faculty of Actuaries collating

More information

Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation

Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation Question 1: Do you agree that the proposed amendments to paragraphs 7.1A(1) and

More information

Inspired by You. Injury Claims & Occupational Disease

Inspired by You. Injury Claims & Occupational Disease Inspired by You Supporting you when you need us most In 25 years of legal practice I have never met an accident victim who wanted a damages payment more than they wanted to turn the clock back. We look

More information

A view that is vital to delivering better outcomes for consumers.

A view that is vital to delivering better outcomes for consumers. The Way Ahead for Conduct Regulation: A positive partnership to deliver for consumers Tuesday 18 th September Speech by ABI Director General, Otto Thoresen Check against delivery Good morning and welcome

More information

Road Traffic Accidents Do s and Don ts & the Legal Process

Road Traffic Accidents Do s and Don ts & the Legal Process Legal Discussion on Tipp FM with Orlagh Wafer 22 nd January 2013 Road Traffic Accidents Do s and Don ts & the Legal Process Introduction As the temperatures are dropping and the roads are becoming more

More information

BIBA response to DEFRA consultation on Securing the future availability and affordability of home insurance in areas of flood risk.

BIBA response to DEFRA consultation on Securing the future availability and affordability of home insurance in areas of flood risk. S:\Wp\Files\Current\Grane\Nicol\2013\July 8 August 2013 Flood Insurance Consultation Department for Environment, Food and Rural Affairs 3 rd Floor, Zone C, Nobel House 17 Smith Square London SW1P 3JR Dear

More information

Code of Practice for Tracing Employers' Liability Insurance Policies

Code of Practice for Tracing Employers' Liability Insurance Policies Code of Practice for Tracing Employers' Liability Insurance Policies Department for Work and Pensions 04/2010 Contents Ministerial foreword...3 Statement by the insurance industry...4 Contacting the ABI,

More information

Fieldfisher Personal Injury Solicitors

Fieldfisher Personal Injury Solicitors Fieldfisher Personal Injury Solicitors Response to the Government s Proposals for the Reform of Court fees All the photography in this submission is of individuals and familes that we have assisted with

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS A consultation paper produced by the Department for Constitutional Affairs RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES July 2007

More information

Rebuilding Consumer Confidence in the Motor Insurance Market by Defining Fair Rules for All

Rebuilding Consumer Confidence in the Motor Insurance Market by Defining Fair Rules for All Inquiry Manager Private Motor Insurance market investigation Competition Commission Victoria House Southampton Row LONDON WC1B 4AD Rebuilding Consumer Confidence in the Motor Insurance Market by Defining

More information

The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more. Tony Buss, Managing Director ARAG (UK)

The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more. Tony Buss, Managing Director ARAG (UK) The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more Tony Buss, Managing Director ARAG (UK) 1 Comments on Jackson [The Government s] are seeking to strike

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

LEGAL SERVICES CONSUMER PANEL CALL FOR EVIDENCE REFERRAL ARRANGEMENTS

LEGAL SERVICES CONSUMER PANEL CALL FOR EVIDENCE REFERRAL ARRANGEMENTS REGULATORY AFFAIRS BOARD 2 March 2010 Classification Public Item 14 (9) Purpose For information LEGAL SERVICES CONSUMER PANEL CALL FOR EVIDENCE REFERRAL ARRANGEMENTS The Issues This paper responds to the

More information

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance

TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance TEMPLE LITIGATION ADVANTAGE INSURANCE FOR DISBURSEMENTS AND OPPONENT S COSTS Certificate of Insurance In return for the payment of the Premium specified in the Schedule and based on any Information that

More information

Pre-Action Protocol for Disease and Illness Claims

Pre-Action Protocol for Disease and Illness Claims Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter

More information

Transport Select Committee inquiry into the cost of Motor Insurance.

Transport Select Committee inquiry into the cost of Motor Insurance. S:\WP\!FILES\CURRENT\Graeme\Nicola/Octooberl\2010\ LTR- Transport Select Committee 3 November 2010 Mr M Egan Transport Committee House of Commons 7 Millbank London SW1P 3JA Dear Mark Transport Select Committee

More information

Government Insurance Fraud Task Force. David Hertzell

Government Insurance Fraud Task Force. David Hertzell Government Insurance Fraud Task Force David Hertzell GOVERNMENT INSURANCE FRAUD TASK FORCE 2016 The size of the problem ABI estimate over 3bn per annum 2015. Educated guess nobody knows. Over 200m spent

More information

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION THE SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS FEBRUARY 2003 The executive

More information