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If the insurers wanted an incentive to fight and win then they would be campaigning for the abolition of QOCS.
The calculus at present then between payment of damages + de minimis costs (cl + defendant), split liability at trial + increased cl + defendant costs, loss full damages + increased cl + defendant costs.: loose projections are for a £2500 claim.
Pre issue / Portal £3500,
Post issue but pre trial £4000
Split at trial say 50/50 £4000
Loss at trial £6000.
Presently if we win on liability for our insurer client we receive nothing, as such this costs them the best part of £1500, remove QOCS and on recovery of costs the claims costs are reduced to £nil.
If the tariff is £400 for generals then it will costs our insurer client £800 or so to fight the case and win.. . . as such the economic imperative to settle is striking and inevitably this will create a vehicle for fraud.
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