A new liability claims portal has recently been introduced with the aim of making it easier for claimants to make a claim and to reduce the time it takes for them to receive compensation. A new set of shorter, stricter deadlines, in addition to the fact that the system is electronic, should mean that correspondence exchanges between the claimant’s solicitors and the insurers are reduced.
As the process gives fixed costs payable at each stage of the process, it manages the stages defined by the new portal rules and validates the data to ensure it is fully completed. It also monitors the timelines set out in the rules and provides reminders to avoid these timelines being exceeded.
This year the portal, previously just used for road traffic accident claims, will be extended to Employers’ Liability, Public Liability and motor claims with a value up to £25,000.
Positives
- Fast easy electronic exchange of all claim information and related documents between lawyers and insurers enables key decisions to be made quickly.
- New timelines built into the process speeds up decisions.
- Standardised forms reduce processing time for each claim handled.
- Validation checks on claims information ensures that all required data is forwarded between parties.
- Claimants whose cases qualify and stay within the systems generally receive their compensation quicker than through the old route, some claims even settled in well under 6 months.
- Big reductions in the cost of claims; around 25% to 45% depending on size and nature of the claim.
- For a £7,500 employment liability claims, there’s an estimated 46% saving within the new portal.
Negatives
- New portal rules allow only one working day to acknowledge an electronic claim notification form, defendants then have thirty working days to admit or deny liability for employers’ liability claims, and forty working days for public liability (reduced from the current 3 months timescale).
- Historically a claim notification went from broker to insurer to designated claims handler. This isn’t possible now as there is a 1 day limit for acknowledgment, and 30 (or 40) days to determine liability.
- If defendants deny liability, or fail to respond in the given timeframe, then the claim leaves the system and continues under the old system, meaning longer settlement times and less change of costs being reduced.
After a claim, the solicitor will complete a Claim Notification Form online which is sent directly to the insurer through the portal. The insurer then has one working day to acknowledge the claim. It is important to be aware of the rules which accompany the new portal and how they will affect your business. As the onus will be on the claimant to find out who the relevant insurer is before submitting the claim, you as the insured should expect to be contacted by solicitors requesting insurer details.