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Quicker Compensation Claims For Car Accident Claims Victims

Around 400,000 people injured in road accidents could benefit from a new fast-track system for car accident claims, the Ministry of Justice has announced. Under the new, more streamlined compensation system, victims involved in car accidents claiming personal injury compensation of between �£1,000 and �£10,000 will be able to process their claims through the courts using a much more efficient system involving standardised electronic claim forms and fixed legal costs for each stage of the process.

The new system will apply to around 80% of road traffic accident claims. Challenging new timelines have been built into the process to ensure compensation payments are made more quickly and with less paperwork. The use of standardised electronic claims forms has been introduced to enable key decisions to be made more quickly and to reduce duplication. The new arrangements follow an Association of British Insurers campaign for a simpler, quicker and more cost-effective system to be introduced to speed small claims through the courts and to reduce what they believe to be unnecessarily high legal costs.

But the new proposals have received a lukewarm response from many claims experts, concerned by the ‘one size fits all’ approach to compensation claims. “It may be exactly what the industry needs to streamline the system more effectively and to ensure compensation is paid out quickly and without undue delay to claimants, but I can foresee some issues with the proposals,” says Nicholas Jervis of specialist claims firm 1stClaims. “Any new proposal that reduces duplication and the delay in compensation payouts is to be welcomed, but I am worried that claimants may be rushed through the system with undue haste and end up losing out on the full amount that they are entitled to,” he adds.

The new system will involve three stages. Stage one involves the collation of information to complete the claim notification form. Once the claimant sends the notification to the defendant’s insurer, the insurer will have 15 days in which to respond. If liability is accepted, the claim then continues to stage two. If, however, liability is denied or contributory negligence of the claimant is alleged, the claim falls out of the process at that point. It is this that worries claims experts, who think that the system has an inbuilt loophole that may be utilised by some insurers to reduce the number of claims being processed, or by defendants who have no intention of admitting liability. “Stage one is a bit of a get out of jail free card, and it is at this point that we are most concerned that the system could fail those who most need its help,” explains Nick.

Stage two of the process involves the claimant’s representative gathering supporting evidence for the claim and completing a settlement pack together with an offer for damages. The insurer then has a further 15 days to consider and either accept or reject the offer or make a counter-claim. A further 20 days for negotiation are allowed and if there is no agreement between the parties, then documentation is prepared for stage three of the process.

This final stage is implemented when there is no agreement between parties as to the value of the claim. After 10 business days from the date the claimant’s representative has submitted stage three of the documentation to the insurer, the claimant may apply to the court to determine damages. The insurer can also elect to commence proceedings if the claimant’s representative has not sent the stage three documentation to the insurer within 15 days of the end of stage two. “The whole supposedly streamlined process does have opportunities for non-specialist solicitors to perhaps rush some claims and miss more underlying serious injuries, simply because the process demands fast action,” says Nicholas. “I’m worried that, with this new legislation, the emphasis is on rushing through the paperwork which might not leave enough time to consider the long-term effects of even supposedly minor injuries such as whiplash,” he continues. “Obviously, we fully support anything that makes the system easier for people to use, but not at any price,” he concludes.

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