Ministry of Justice Reforms Could Improve Claims Culture

Ministry-of-Justice-ReformsRob Marsh, Group Managing Director of Marsh & Co Insurance Brokers Ltd, comments that “a common bugbear from all our clients in all industries is the developing claims culture in the UK for Personal Injury claims.

New reforms have been introduced by the Ministry of Justice in an attempt to speed up the process and cut down the costs. However there is an onus on you and your Insurers to act within much quicker timescales.”

 

Key Facts:

  • The Reforms apply to claims made in England and Wales.
  • The Reforms apply to new accidents that occur after 31st July, 2013.
  • All injury claims under £25,000 are subject to the Reforms and will be handled electronically via a web based system known as the ‘Claims Portal’. In this case Solicitors will send a CNF (Claims Notification Form) to your insurers or by post to you.
  • You only have 1 working day to acknowledge the CNF and you must tell your insurance company/us at the same time. This must be done by email. Failure to act within this time can result in the claim dropping out of the portal and costs increasing. Insurers only have 30 working days – EL and 40 working days – PL.

What should you do if you are contacted by a claimant’s solicitor?

The responsibility to identify the correct Insurers, for any claim, is down to the claimant’s Solicitor. Where this information is not easily accessible, the claimant’s Solicitor may contact you in the first instance. If this happens, do not discuss or admit liability. Instead, identify as much information as possible in relation to the accident circumstances.

You should provide the claimant’s Solicitor with your insurance company’s details, including the policy number. Then contact your insurers/us to advise all relevant details, especially if the matter has not previously been notified. You should send us:

  1. Completed incident notification form.
  2. Photographs of the accident location.
  3. Risk assessment documentation for the task/ activity being carried out.
  4. Training records/coaches qualifications (if relevant).
  5. CCTV footage (if available).
  6. Witness statements (if available).
  7. RIDDOR form (if applicable).
  8. ADIPS Certificate (if applicable).

If you have any queries at all, please contact Marsh & Co and speak to one of our specialists in the Travelling Showmen Team.

Marsh and Co are continuing to offer competitive rates with some new offerings to be announced for 2014.