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Viewpoint Summer
- News-in-brief
- Travel disruption - your rights
- MoJ reforms for personal injury claims
- Flood and Water Management Act 2010
- Government decision on pleural plaques
- Insurance and risk
- Taking the fall - the real cost of slips, trips and falls
- Are you losing money to toll fraud?
- Market News
- Time for change?
- Life begins at 40.....
- 40th anniversary - part II
- Industry focus
- Empty threats - are your unoccupied buildings at risk?
MoJ reforms for personal injury claims
The Ministry of Justice is introducing a new process for the handling of personal injury motor claims with effect from 30th April 2010.
The object is to reduce the time taken to resolve a claim and to contain legal costs. Claims will be submitted via a website to the last known insurer who will have 15 days to respond.
The new process will be in 3 stages. The first two stages are:
• Identifying the insurer and establishing liability
• Negotiation on settlement
A 15 day time limit applies at stages 1 and 2 and costs are fixed.
The claim only progresses to stage 3, to be resolved by a judge, where settlement cannot be agreed. Here again the costs are fixed dependent on whether it is “paper” hearing, which will be used in the majority of cases, or an oral submission.
What does this mean for policyholders?
• Keeping the Motor Insurance Database up to date is important in identifying the correct insurer
• Reporting all accidents, whether someone is injured or not, when they happen
• Providing as much information as possible to your broker or insurer
• Responding quickly to requests from insurers for additional information
If the insurer contests liability, or fails to meet the timescales, then the claim leaves the fast track process and goes back into the usual court procedures.
Next Steps
To discuss the issues raised in this article or for further information, please speak to your usual Perkins Slade contact. Alternatively you can call 0121 698 8000 and ask to speak to a member of the Corporate team or email corporate@perkins-slade.com.
