Mistrust hinders rehabilitation process in PI claims

Personal injury lawyers on both sides of the fence are warming to the idea of guiding clients towards rehabilitation as part of the claims process, but mistrust between the two sides is holding progress back, research has suggested.

A report by the Rehabilitation Working Party (RWP) found that around three-quarters of claimant solicitors are receptive to the idea, with a 'growing minority' proactively suggesting it to clients.

However, some still see it as a threat or involving too much work.

Insurance lawyers were 'slowly warming' to rehabilitation, and had adopted a greater financial and practical commitment to it, although the study found they could sometimes be 'a problem' because they felt they had the most to lose financially from a consensual approach.

The study found in general that tensions between the claimant and insurance sectors was perceived as a major barrier to successful compliance to the code, with lack of awareness, inertia and financial considerations also playing a part.

Paula Rohan