MoJ claims process


ABI: Claims dived during lockdown but their value went up

The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers.

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Judge lashes out at “shameful drivel” produced in RTA claims

A judge lambasted the preparation of low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.

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“Unconscionable” for defendant to benefit from portal mistake

The overriding objective means that defendants can be prevented from taking advantage of claimant errors to achieve lower settlements in RTA portal cases, a judge has ruled.

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High Court: Counsel’s fee for ex-protocol cases not fixed

Counsel’s fees for valuing claims which fall out of the personal injury protocols are not subject to fixed costs, the High Court has ruled, rejecting the argument that this led to an “absurd outcome”.

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CA reinstates £2.2m that languished in RTA portal for four years

The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it.

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Claimants lose out after entering wrong figures in MoJ portal

The doctrine of unilateral mistake cannot be used to set aside settlements in portal cases where the claimant solicitors erroneously included lower figures, two county court judges have ruled.

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Insurers urged to “drive wedge” between PI solicitors and clients

Insurers should look to “drive a wedge between claimant and solicitor” when dealing with late notified claims, which have spiked during lockdown, a counter-fraud specialist has argued.

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Both sides support MedCo assessments staying online

Covid-19 has released the ’virtual claims management’ genie from the bottle and there will be no going back, a leading claimant firm has argued.

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