Attorney turns U.S. lawyer to court
Industry players were appalled by the government’s unexpected decision to cancel the whipping reform to provide the litigants with a key safety net in person.
The Department of Justice today postponed the implementation of the RTA claims portal to August 1, acknowledging that all necessary steps could not be completed to ensure that the plan was completed by April 6.
But the announcement also includes news that an alternative dispute resolution solution for unclaimed claimants has been removed from the plan. This service was originally a free service funded by insurance companies, with the goal of requiring claimants to obtain independent advice in the event that a claimant is rejected or they consider the settlement offer too low.
Attorney General Robert Buckland (QC MP) said that claimants will now be required to file their claims through the courts and has developed a “tailored procedure” to help them complete their proceedings.
Gordon Dalyell, chairman of the Personal Injury Lawyers Association (APIL), said the revised arrangement “treats contempt of injured people” and forces them to pay court fees and despise lawyers responsible for their injuries .
“The failure to include an effective and fair conflict resolution in the new portal has put inexperienced people and experienced insurance companies in a situation where there is no safety net and hope everything will go smoothly,” Daelier said. “It assumes that the injured will undoubtedly accept what the insurance company says, who is at fault, and how much compensation is fair.”
Matthew Maxwell Scott, executive director of the Consumer Support Groups Association’s sports organization, said the lack of ADR was “unsettling,” and the decision was directly in line with ministers’ previous assurances about how to protect unrepresented people. contradiction.
He added: “Whatever they say, this will incentivize insurance companies to refuse to take responsibility, which will reduce the cost of claims.”
Simon Davis, chairman of the Law Society of England and Wales, said the government’s decision to postpone the launch of the portal provided “welcome thinking.”
“It is encouraging that vulnerable groups, including children, cyclists and pedestrians, are not subject to small claims limits and portals.
“However, important policy decisions still need to be made about how the portal works in practice, and in connection with this, alternative dispute resolution methods are now completely removed from the new process. For plaintiffs and defendants, lawyers And the general public needs time to adapt to these changes.
At the same time, James Dalton, General Insurance Policy Director of the British Insurers Association, welcomes a clear description of which categories of claimants can use this portal.
He continued: “The insurance industry has designed and provided an online portal that allows people to simply and effectively file whipping claims without legal representation.
Disappointingly, these important reforms will not be launched until August, but the most important thing is to ensure that the portal is effective for consumers from the beginning. “
The Auto Insurance Agency, which is responsible for designing and delivering the new online claims process, said the additional time would allow the Civil Procedure Rules Board to finalize the pre-litigation agreement needed. But a spokesperson added: “Assuming we can make a decision by early May and the changes are not far behind what we’ve built so far, we’ll be happy to prepare for a new release date.”