FIAR Motor Insurance Conference Brasov Romania - 20 May UK Motor Claims

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1 FIAR Motor Insurance Conference Brasov Romania - 20 May UK Motor Claims InterEurope AG European Law Service Head Office Hansaallee Düsseldorf Germany Tel Fax Presented by: Anthony Madden Legal Manager InterEurope AG European Law Service UK Branch Fourth Avenue Trafford Park Manchester M17 1DB Tel.:

2 UK Statistical Overview UK Population 63 Mill. Romania population 20 Mill UK insurance industry 3 rd largest in the world behind USA and Japan. Motor insurance is the largest insurance class in UK with premiums written in 2013 worth 10,960 million. UK motor insurance market made a loss of 53 Million in UK motor insurance market last made a profit in In 2013, UK insurers paid out 6,241.5 Million in private vehicle policy claims. (Average 2767). The average Bodily Injury claim was 11,292 (incl TP costs). 2

3 UK Statistical Overview 2014 UK Population ,100,000 (Approx). Romania Population ,897,000 (Approx). Claims notified in Q increased 1.2% from Q to 973,000. Compared to the same quarter last year it has decreased 1.7%. Bodily injury claims accounted for 49% of total cost of settled claims in 2014 but only 9% of total number of claims. In 2013 BI claims accounted for 51% of total claim costs. 3

4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Claims Frequency (%) UK Motor Claim Frequency % 30% PRIVATE CAR MOTORCYCLES 25% 20% 15% 10% 5% 0%

5 UK Motor Claims Overview 2013/14 Private Cars Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q BODILY INJURY PROPERTY DAMAGE ACCIDENTAL DAMAGE WINDSCREEN ONLY THEFT CLAIMS REPLACEMENT VEHICLE OTHER CLAIMS 5

6 UK Motor Claim Overview 2013/ Average Claim by Type of Claim Private Car Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q BODILY INJURY PROPERTY DAMAGE ACCIDENTAL DAMAGE REPLACEMENT VEHICLE THEFT CLAIMS WINDSCREEN ONLY OTHER CLAIMS 6

7 UK Motor Claim Overview 2013/ Average Cost by Type of Claim Annual comparison BODILY INJURY PROPERTY DAMAGE ACCIDENTAL DAMAGE REPLACEMENT VEHICLE THEFT CLAIMS WINDSCREEN ONLY OTHER CLAIMS 7

8 Costs reduction through analytical approach 30% 25% 20% 15% 10% 5% Claims expenditure analysis Identification of distribution of indemnity patterns over all heads of damage Cost reduction measures focus on: - Key heads of damage - High value claims 0% TP solicitor costs Personal Injury Repair costs Total loss Car Hire Property Damage Other % of HVC from Value of HVC Branch Savings in % total from total IE-UK (GBP) 4% 31% 40,6%

9 Legal in-house strategies reduce claims expenditure Every claim presented by the Third Party must be scrutinised, questioned, supported by evidence and tactically negotiated. Third Party costs are an extremely contentious area and require a specialist costs reduction strategy to minimise risk and cost insurer clients. Handicap in the Labour Market Pain & Suffering Congenial Employment Damages for pain, suffering, loss of amenity (PSLA) (JSB guidelines 12 th Edition), care, loss of congenial employment and handicap in the labour market, are subject to general guidelines and case law and subject to skilled negotiation between the parties. Medical & Travel Expenses Personal Injury Loss of earnings We have a specific strategy to ensure the early identification of high value injury claims and have implemented a document for Alarm Bell Words to ensure this occurs, which allows for the correct reserve and strategy to be applied at the outset. Care Loss of Amenity

10 Material Damage Combat Credit Hire Challenge - Credit hire Large risk of financial exposure. Complex & contentious topic. Sophisticated TP Credit Hire Organisations. Total Loss Recovery & Storage Personal Belongings Credit Hire Material Damage Diminution Repair Charges Loss of Use InterEurope Solution Specialist best practice legal strategy. Pro-active & effective tactical investigations. Scrutinise & expertly negotiate. In-house forensic engineer *FREE SERVICE*. Dispute need, period, rate & enforceability. Utilise case law precedents. Outcome Reduction and rejection of claims. Minimise financial risk Example of Success Credit hire claim 142, (Bentley Continental GT). Disputed rate, period, mitigation & enforceability. Claimant awarded 8, at trial. Saving 133, Claimant ordered to pay Defendant s costs of 23,

11 Proactive Claims Management Liability Pro-active management of claims with interdisciplinary legal know-how Heads of damage The backbone of our claims handling: - transparent structures with clear responsibilities. - pro-activity. - legal expertise. - interdisciplinary management. - International approach and network. Costs reduction strategies: - checking liability. - managing heads of damage. - detecting fraud. - avoid unnecessary court proceedings. - IT driven processes.

12 Our in-house Scotland Yard Counter Fraud measures FALSIFIED CLAIMS STAGED ACCIDENTS CONTRIVED ACCIDENTS compulsory systematic fraud checklist on every file via Key Fraud Indicators (KFI). The UK Legal Manager is a fraud specialist who reviews all fraud referrals. EXAGGERATED CLAIMS. Major Fraud categories INDUCED COLLISIONS SLAM ON Proactive and effective counter-fraud strategies and documents We ensure verification of the Third Party vehicle damage with our in house engineer where necessary. This service would be free of charge to VIG. BOGUS / PHANTOM PASSENGERS. Where required we ensure expert input on fraud handling strategy & investigation We ensure awareness and regular fraud training for all members of the UK branch. 12

13 The Jackson Reforms 2013 The Jackson Reforms 2013 A Difficult Economy Radical Reforms

14 The Jackson Reforms 2013 The Jackson Reforms - April 2013 UK Compensation Culture = An expensive yet lucrative Epidemic Government acknowledged claims and TP costs were out of control & intervened Identified as a huge national economic risk to UK. Attacked the Claims Farmers / Case Management Companies / Linked Comps. Some Facts and Figures Motor Accident Solicitors Society estimated in 2011 that there are 500,000 road traffic cases per year. Law Gazette indicates a rise of 32% in whiplash claims in the last 3 years against a 16% fall in road traffic accidents.

15 The Jackson Reforms 2013 The Jackson Reforms 2013 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Implementation - 1st April No After the Event Insurance Premium recoverable No Success Fee No Defendant Recovery of Costs Referral Fees banned Increase in General Damages by 10%

16 Claims Farmers A threat to Romania? Claims Farmer Definition Collins English Dictionary:- A middle man who encourages people to make compensation claims against insurance companies and then proceeds to sell these claims on to a lawyer In the UK individual claim details would be sold for up to 1000, prior to the Jackson Reforms in This industry sees Claim Management Companies actively hunt for potential cases against insurance companies. Evidenced by nuisance phone calls, text messages, presence on high streets and other unsolicited approaches. Result is risk of fraudulent and exaggerated claims. Practice is now banned in the UK but the risk is it will be exported and replicated.

17 Solutions for Romania ANTICIPATE THE RISK & AVOID THE UK CLAIMS EPIDEMIC. AGGRESSIVELY DEFEND SUSPICIOUS CLAIMS. LOBBY GOVERNMENT FOR LEGISLATION. (BAN REFERRAL FEES), DEVELOP EFFECTIVE FRAUD DATABASES & SHARE FRAUD DATA. WORK WITH STRONG PARTNERS & REGULATORY BODIES. DEFEAT A CLAIMS CULTURE BY BEING PROACTIVE & NOT REACTIVE. 17

18 Thank you for time & attention! 18

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