I was pleased to note that the director-general of the Association of British Insurers (ABI) admits that there is no compensation culture (see [2006] Gazette, 9 February, 14). However, I am somewhat dismayed at his proposals, which appear to amount to the insurance industry taking control of claimants' personal injury claims.

Insurers promise to resolve liability within three months - although the personal injury protocol already states that this should be the case. But then, in all but the most straightforward cases, insurers fight liability, tooth and nail, for months, with little more by way of explanation than: 'We do not accept liability, do what you wish.'


The ABI states that legal advice on insurer offers is 'vital to the process'. I would say that is a surprising concession from an industry that would like to meet claims with little more than a bunch of flowers. But what of proper legal advice in instructing expert witnesses, obtaining evidence and supporting losses? If defendant insurance companies are allowed to run roughshod in obtaining their own evidence, there can be little doubt that the vast majority of claims will be incomplete or inadequately supported.


One can only hope that the government does not bow to the pressure of the lobbyists, otherwise your average claimant will find himself without representation. One hidden benefit would come from the ABI's proposals - at least the florists of this country will do a booming trade.


Lee Harris, Blake Lapthorn Linnell, Segensorth, Hampshire