The Guide to the Conduct of Cases Involving Serious Injury

on Tuesday, 02 July 2019. Posted in Fresh Thinking

The Guide to the Conduct of Cases Involving Serious Injury

‘The Guide to the Conduct of Cases Involving Serious Injury’ focuses on cases in which damages are over £250,000.

Compiled by the Association of Personal Injury Lawyers (APIL) and the Forum of Insurance Lawyers (FOIL), it is for anyone involved in the claims process.

The guidelines are meant to be followed with the UK’s Rehabilitation Code in mind, which promotes early intervention to help injured people.

So, what is good conduct?

 

  • making early contact with claimant/defendant insurer / representatives
  • disclosing documents early
  • securing early interim payments for rehabilitation
  • committing to negotiate before making settlement offers
  • trying to resolve matters out of court to avoid further costs

 

In the case of making early contact, sending written notification of a claim to an insurer within 7 days of instruction is vital.

Even if all the information is not available, insurers say they must at least know of a claim’s existence as soon as possible to get matters moving.

And as the claim moves forward, the Guide urges everyone involved to take a collaborative approach to avoid costly court time.

 

‘Regular contact, even as simple as one party emailing or speaking to the other to agree an action to move the case forward, will be beneficial for both sides.’

The Serious Injury Guide.

 

Companies don’t have to follow the guidelines, but it signals a commitment to follow the best practice process.

And so far, several firms have signed up, including AXA, Aviva, Direct Line Group, Hastings, Esure, LV / Highway, RSA, Admiral, Allianz, QBE, NFU Mutual, Acromas and the MIB.

The full guide is available to read on the serious injury guide website.

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