PERSONAL INJURY: claimant and defendant practitioners unite to speed claims process


Claimant and defendant personal injury lawyers have launched a joint 'code of behaviour' to speed up the claims process in high-value cases following more than three years of negotiations, the Gazette can reveal.



The behaviour code pilot for multi-track personal injury cases which are predicted to be worth more than £250,000 comes into being this spring, and is intended to 'build trust and transparency' between both sides. The voluntary code centres around early notification of claims by claimant lawyers and faster decisions on liability, interim payments and rehabilitation treatment by insurers. Both sides will be encouraged to share expert medical opinion to avoid duplication and cut costs.



The Association of Personal Injury Lawyers (APIL), the Motor Insurance Bureau, the Forum of Insurance Lawyers (FOIL) and insurers Zurich, Axa, Royal Bank of Scotland and Norwich Union have all signed up to the pilot.



Andrew Underwood, a former FOIL president and chairman of the FOIL Rules Special Interest Group, said the code was not a finished product but was a 'very significant step' that would encourage 'more positive behaviours... through collaboration'.



He said: 'This should benefit the injured claimant through speedier decisions... the benefits for insurers will be speedier access to relevant material, evidence and avoidance of duplication of effort... and a focus on timely settlement as soon as is practicable.'



Underwood added that providing information early 'avoids gaps in evidence and disclosures that make insurers distrustful of that case or process. When insurers are part of the process - rather than just writing cheques - they are more willing to take a constructive approach to interim payments and so on'.



Colin Ettinger, former APIL president and partner at national firm Irwin Mitchell, said the code set out best practice which should be followed in all personal injury cases. He added that the agreement was 'very client-driven' and that if it worked, clients would 'have their rehabilitation funding with much less need to go to court.'



APIL chief executive Denise Kitchener said: 'I am heartened that after many long discussions, we have reached an agreement with insurers which will hopefully develop greater co-operation between both sides.'



Anita Rice