DETERMINE YOUR OWN CLAIMS EXPERIENCE MICHAEL A WHELEHAN HEAD OF CLAIMS IPB INSURANCE

Transcription

1 DETERMINE YOUR OWN CLAIMS EXPERIENCE MICHAEL A WHELEHAN HEAD OF CLAIMS IPB INSURANCE

2 Agenda 1. Footpath/slips and trips 2. Road Liability claims 3. Claims cost escalation 4. A changing propensity to claim? 5. Serious challenges to cost containment 6. What can you do? POTS

3 1: Footpath claims Footpath/slips and trips in 2014 were 214% of the average for 2007/2008/2009 (IPB Claims statistics) 3

4 1: Footpath claims County Population Path/Trips Co. Laois 1.76% % Co. Roscommon 1.40% % Co. Monaghan 1.32% % Co. Kilkenny 2.08% % Co. Cavan 1.60% % Co. Donegal 3.51% % Co. Wexford 3.17% % Co. Mayo 2.85% % Co. Galway 5.46% % Co. Offaly 1.67% % Co. Sligo 1.43% % Co. Meath 4.01% % Cork (County) 8.71% % Co. Leitrim 0.69% % Based on claims notified 2015 YTD and variance from expected based upon population proportion % Variance of Awards Vs Population per County (Injuries Board 2014 Annual Report) 4

5 1: Footpath claims County Population Path/Trips Dublin (DLR) 4.50% % Co. Wicklow 2.98% -6.10% Co. Clare 2.55% -4.58% Co. Kildare 4.58% -4.37% Co. Waterford 2.48% -1.89% Co. Tipperary 3.46% 12.52% Co. Westmeath 1.88% 16.48% Co. Kerry 3.17% 34.32% Co. Carlow 1.19% 53.35% Co. Louth 2.68% 63.42% Co. Longford 0.85% 71.75% Dublin (SDCC) 5.78% 76.80% Co. Limerick 4.18% % Based on claims notified 2015 YTD and variance from expected based upon population proportion % Variance of Awards Vs Population per County (Injuries Board 2014 Annual Report) 5

6 2: Road Liability claims County Population Road Claims* Co. Carlow 1.19% % Co. Leitrim 0.69% % Co. Kildare 4.58% % Co. Laois 1.76% % Co. Cavan 1.60% % Dublin (SDCC) 5.78% % Co. Wicklow 2.98% % Co. Waterford 2.48% % Co. Donegal 3.51% -8.91% Co. Clare 2.55% -2.48% Co. Wexford 3.17% 0.86% Co. Kilkenny 2.08% 2.47% Dublin (DLR) 4.50% 2.73% Co. Meath 4.01% 6.31% (Based Upon claims notified 2015 YTD and variance from expected based upon population proportion) % Variance of Awards vs. Population per County (Injuries Board 2014 Annual Report) 6

7 2: Road Liability claims County Population Road Claims* Co. Offaly 1.67% 6.36% Co. Monaghan 1.32% 7.65% Co. Limerick 4.18% 10.48% Co. Westmeath 1.88% 13.38% Cork (County) 8.71% 18.23% Co. Kerry 3.17% 23.27% Co. Sligo 1.43% 24.21% Co. Mayo 2.85% 24.65% Co. Longford 0.85% 25.38% Co. Tipperary 3.46% 33.47% Co. Louth 2.68% 59.06% Co. Galway 5.46% 69.16% Co. Roscommon 1.40% % (Based on claims notified 2015 YTD and variance from expected based upon population proportion) % Variance of Awards Vs Population per County (Injuries Board 2014 Annual Report) 7

8 Road based Liability claims (IPB Claims statistics) 8

9 Road based Liability claims 9

10 Road based Liability claims 10

11 3: Claims cost escalation 11

12 4: Propensity to claim and consequences 80% of Motor Injury claims are Whiplash Average Irish Whiplash 15k UK Average is less than 5k (Insurance Ireland Press statement Sept 2015) General Insurance Premiums increased by 6.7% General Insurance Claims increased by 19% % of World Population General Insurance Cost (Insurance Ireland Factfile 2014) Multiple Ireland 0.06% 0.42% 7.0 3,392 EU 7.37% 29.03% 3.9 2,400 America 13.48% 44.19% 3.3 1,409 Total Ins Prem Per Capita (Insurance Ireland Factfile 2014) 12

13 5: Claim cost escalation 90% solicitor involvement - Injuries Board (Insurance Ireland) Recoverable benefits repayable - 1m+ p/a 40% of awards rejected - Injuries Board (Insurance Ireland) Discount rate moved from 3% Sharp increase in the average awards made by Courts 2013: Average Award - 86, : Average Award - 110,485 (*Courts Service Annual Reports and Statistics) 15% increase in frequency of Awards made by Injuries Board (Injuries Board Annual Reports) Expected Introduction of periodic payment orders 27% * 13

14 6: What can you do to help determine your own claims experience? 1- Footpath repairs If you touch it, you own it Kelly V Mayo Co Co Road repairs Inadequate joining of new/old tarmac causing ravelling, holes, ruts and channels 14

15 Obvious defects/omissions Examples: 15

16 Obvious defects/omissions Examples: 16

17 Obvious poor repair Examples: 17

18 6: What can you do to help determine your own claims experience? 2- Road signage Inadequate signage claims can exceed 5m*, particularly where a hazard is created, road closures etc. 18

19 Signage K.Flynn V Waterford Co Co 2004 No positive obligation on the Council to erect or maintain signs. 19

20 Signage However, it is possible to create such an obligation: Creating a hazard (such as previous example) Changing intersection priority Inadequate temporary signage Creating confusion in layout or too many signs/ conflicting signage 20

21 6: What can you do to help determine your own claims experience? 3 - Construction methods Function and Serviceability shouldn t give to Form Paving slabs and cobble lock are attractive however, sand movement, sinking, drainage, vehicle weight. Lips too easy to occur 21

22 Importance of records and accurate reports 2012 Repaired trench adjacent to Footpath. Engineering detail provided attributed repairs to ESB, who were then joined in High Court action. (Potential legal cost saving: 50-75k) 2011 Injuries Board assessment of 225,000 Settled for 70,000 (Actual Saving 155k) 2014 Grass cutting: object thrown. Injury sustained. Records and testimony demonstrated excellent systems and maintenance. No Negligence found. 22

23 Importance of records and accurate reports Help us to help you! 23