MoJ claims process

medical report

Medical agency admin fee “not recoverable” as part of fixed costs

Defendant solicitors have welcomed a ruling that medical agency costs beyond the cost of the actual report are irrecoverable under the fixed-costs regime.

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Pilots show benefit of ADR in small injury claims, say law firms

Alternative dispute resolution is the future for minor personal injury claims where settlement cannot be reached directly with the insurer, a leading firm has claimed.

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Accepting cap on damages deduction “equals informed consent”

A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.

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Richard West

Kennedys automates assessment of medical evidence in portal cases

Defendant firm Kennedys is now using artificial intelligence to assess medical evidence and recommend a damages figure for claims in the MoJ claims portal.

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“Where are the savings?” – PI lawyers attack insurers

Claimant lawyers have attacked motor insurers for failing to pass on to consumers £367m in savings they have seen because of the impact of Covid-19 in reducing injury claims.

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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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