We currently deal with receipt of new Claim Notification Forms in multiple ways.
We can receive claims directly through to KLS Law by a Claimant Representative, locating KLS Law in the Insurer Destination.
Claimant’s Representatives may submit the Claims Notification Form (CNF) through to Insurer Clients, at which point, the Insurer then has the responsibility to re-direct the claim to KLS Law so that we can action the matter on their behalf.
By following the RTA Insurer Index Table, an Insurer can nominate an alternate compensator i.e. KLS Law to which the claim must be sent and our details can be found accordingly.
Once a claim is received via the MOJ Portal, there are strict time-scales and guidelines that must be followed by both parties to ensure compliance with the Rules. We have attached a copy of our RTA Claims Portal Handling Guide (Defendant) which sets out all the individual stages of the claims process.
This will be an IT platform created by the Motor Insurers’ Bureau (MIB) where members of the public can put their name, address and national insurance number in. They will be asked if the claim is worth more than £5,000. If they have difficulty with that assessment, they will have access to the JCG.
If within the £5,000 limit, they may proceed to complete the rest of the claims notification form. The CNF will go directly to the Motor Insurance Database (MID) who will locate the appropriate alleged at fault insurer or registered Third Party Administrator and submit the claims directly to them.
It has now been announced that Third Party Administrators (TPA) will be able to register, at some date in the summer, directly with the Official Injury Claim service. This will allow Compensators to “pair” with a registered TPA. Claims will then be able to be routed manually to the chosen TPA or by entering the TPA’s contact code into MID the claims can be routed automatically.
If insurers accept liability, they will organise a Medco medical report. The Claimant will have to accept the contents of the report even if they disagree with some of the comments. This may change as many of the other rules might when subjected to scrutiny by Solicitors.
An offer can then be made by the insurers based on the medical report. This will be using the new whiplash proposed figures yet to be agreed by the judges.
Indications suggest these could be as follows:-
|Injury Duration||2015 average payment for PSLA
uplifted to take account of JCG uplift (industry data)
|Judicial College Guideline (JCG) amounts (13th edition)
Published September 2015
|New tarrif amounts|
|0-3 months||£1,750||A few hundred pounds to £2,050||£225|
|4-6 months||£2,150||£2,050 to £3,630||£450|
|7-9 months||£2,600||£2,050 to £3,630||£765|
|10-12 months||£3,100||£2,050 to £3,630||£1,190|
|13-15 months||£3,500||£3,630 to £6,600||£1,820|
|16-18 months||£3,950||£3,630 to £6,600||£2,660|
|19-24 months||£4,500||£3,630 to £6,600||£3,725|
Since the Government drafted the proposed figures, we now refer to the JCG 15th Edition. For comparison purposes based on the latest figures, see below.
|Area of injury/expected recovery period||14th edition (inc. 10% uplift)||15th edition (inc. 10% uplift)|
|Neck, back or shoulder, within 3 months||Up to £2,150||Up to £2,300|
|Neck, back or shoulder, 3 months to 1 year||£2,150 - £3,810||£2,300 - £4,080|
|Neck, back or shoulder, 1 to 2 years||£3,810 - £6,920||£4,080 - £7,410|
If the claim is rejected for any reason, it is proposed that Claimant’s will be able to go to court but no details have been given.
Currently no rules are in existence for the new portal but it will not deal with vulnerable road users, such as pedestrians, cyclists, motorcyclists and motor cycle passengers, minors or protected parties.
The regime will cater for all accidents after the date of its implementation which, is currently due for launch in April 2021.
The regime will deal with whiplash/RTA cases up to £5,000 for which there will be no solicitor costs and consequently no filter on fraudulent exaggerated claims and claims with no prospect of success. Insurers or their representatives will have to deal directly with members of the public.