The Serious Injury Guide will come into effect from today - 12 October 2015.
Cases with a potential value (on a full liability basis) in excess of £250,000 will be covered by the guide. Parties may agree to operate the guide in relation to lower value multi track cases. The guide does not extend to clinical negligence and asbestos related disease cases.
Representatives of both the Association of Personal Injury Lawyers (APIL) and the Forum of Insurance Lawyers (FOIL) have been working together to produce a guide designed to assist with the conduct of personal injury cases involving complex injuries. The Serious Injury Guide is intended to help parties involved in these multi track claims to resolve all or any issues whilst putting the claimant at the centre of the process.
Working in parallel with the Civil Procedure Rules, the guide puts in place a system that meets the reasonable needs of the injured claimant whilst ensuring the parties involved work collaboratively to resolve a case by narrowing the issues.
The Serious Injury Guide is the culmination of ten years’ work by APIL and FOIL. Keoghs’ Partner Andrew Underwood, has been involved from the outset, including helping to put together the pilot version of the guide, The Multi Track Code.
The guide has the support of all specialist personal injury firms and many major insurers. The key objectives are:
The guide sets out the ways in which the objectives can be achieved. Details are given regarding this under the following headings:
It should also be noted that procedures have been agreed regarding escalation when either party feels that the opposing case handler is not acting in accordance with the spirit of the guide. The first step must always be to exhaust attempts to resolve the point of concern by a dialogue or a meeting but if this fails then each firm/insurer will have a point of contact where any concern can be escalated.
With regards to dispute resolution, whilst ongoing dialog is fundamental it is recognised that alternatives may have to be considered. This includes considering the cooling off period, early neutral revaluation, joint settlement meeting, mediation and arbitration as well, of course as litigation.
It is hoped that the guide will be used routinely in all cases where it applies. The guide will be subject to continuing review and oversight. It is anticipated that both sides will ensure handlers are aware of the guide and trained as necessary. APIL will oversee the operation of the guide and will have regular review meetings with insurer representatives and FOIL to maintain communication and discuss how to rectify any problems that might arise.
This guide provides insurers with a platform for earlier notification of higher value claims thereby ensuring the cases are escalated to the right level within the organisation. The process ought to facilitate prompt reserve management and the ability to influence rehabilitation, life cycle and the issues generally.
Andrew Underwood
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