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Claims Portal: Latest MoJ Stats Make Interesting Reading

10 October 2022 alastair walker Insurance claims 0

There are some interesting nuggets of data within the latest update from the Ministry of Justice, as the Claims Portal continues to sift various PI claims.

The first thing that strikes you reading the report is that whiplash is still a popular reason for making a claim. Even though compensation is capped at 5K, this is still a good enough incentive for many involved in motor accidents to try their luck. Also, most claimants do have legal representation, which suggests that the Portal is difficult to navigate for most people, plus having a “no win no fee” solicitor is seen as a low maintenance route to the cash for many. Basically you outsource much of the admin, even if you lose part of the holiday money.

When it comes to an exit from a claim, about 10% state it’s due to suspected fraud. The biggest reason for walking away from a PI claim is “complex issues of law,” which covers lots of technical issues of course. Plus, exit reasons are self selected by claimants, so they might not represent the true reasons for leaving the process.

One other detail; Portal Helpline enquiries hit an all time peak in September 2022 at 1,902 phone calls. That indicates a level of confusion surrounding the actual process and a need for clarity regardless of whether people are using solicitors or not. Maybe automated ADR assessments of evidence are ultimately a better way to settle a great many routine whiplash claims? Upload the incident evidence from both sides, upload medical report and then boom, settlement offer via email.

That could potentially settle 50% of everyday sub 5K cases, without anyone using solicitors, but politicians are unlikely to sanction any system which reduces the amount of work available for lawyers…as most politicians are lawyers, or married to one.

COMMENT & ANALYSIS

OK, here’s some Comment from Matthew Maxwell Scott, executive director of ACSO;

“Claims going through the OIC portal have stayed flat at just over 23,000 a month, while fewer than one in ten claims are unrepresented, which is also now part of an established pattern.

“Overall, more than 180,000 claims that should have been expected based on the government’s own projections before the OIC launched have not materialised. That equates to a 33 per cent fall in expected overall claims numbers. The MoJ argues that this is down to the effects of Covid and a reduction in the size of the vehicle parc, but this cannot possibly explain the whole picture.

“Our view is that firms that previously sought out cases through marketing have reduced their spend, while others are turning down cases because, as a result of the whiplash reforms, it is not economically viable for them to support injured claimants seeking compensation. The net effect is that huge numbers of consumers injured in an accident that was not their fault have no access to justice. They receive no compensation for their injuries, or for pain, suffering and loss of amenity, or medical treatment and rehabilitation for soft-tissue injuries sustained.

“The OIC data supports our contention that the government has derailed access to justice for hundreds of thousands of citizens, chiefly benefitting insurers who now don’t need to pay out for these disappeared claims.”

Turning to the issue of hybrid injuries, Maxwell Scott added: “Two in three cases presenting to the OIC are hybrid, or mixed injury cases. While a handful of cases have now been heard in court to establish precedent, the process is still painfully slow, in yet more evidence that chronic delays in the civil justice system are impacting consumers seeking justice.”

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