QBE's Summary of MOJ Claims Portal & LJ Jackson's Reforms

7/28/2019 QBE's Summary of MOJ Claims Portal & LJ Jackson's Reforms

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QBEs summary of theMinistry of Justice

Claims Portal Extension andLord Justice Jacksons

ReformsJanuary 2013


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4024 QBEs Summary of MOJ Claims Portal Extension & LJ Jacksons Reforms January 2013

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Employers Liability and Public Liability injury claims processand costs

Reforms Impact

Legal Aid, Sentencing and Punishment of Offenders Act 2012 and

other costs reforms effective 1 April 2013. ATE premiums and success fees no longer recoverable. Referral

fee ban. 10% uplift on general damages. Qualified one way costs

shifting defendant cannot recover costs from genuine claimant.

New Ministry of Justice scheme for EL and PL injury claims in

England & Wales for claims 1,000 to 25,000, possibly effective

July 2013 but to be confirmed.

Speed up claims settlement and reduce costs burden of litigation

for defendants.

Claims notification and correspondence through an online

electronic portal from claimants solicitors to Insurer directly. There

remains a risk of direct notification to a policyholder. Prompt claim notification to QBE and avoids inappropriate

communication. If a policyholder receives a claim direct they must

notify QBE immediately.

Tighter timescales for acknowledging claim notification and

communicating liability decision. Existing 21 days to acknowledge

Letter of Claim and 90 working days to communicate on liability. New Regime electronic acknowledgement of Claims Notification

Form next working day and only 30 working days to admit liability

on EL claims (40 for PL) otherwise claim drops out

of portal.

Admissions must be in full with no contributory negligence or

fraud alleged. Failure to admit liability in full or to meet tight deadlines will cause

claim to drop out of portal and lose costs benefits.

Lower fixed costs for claims that remain in the portal.

Higher predictive costs regime for claims that drop out of the portal.

Predictive costs up to 6 times more expensive if case drops out of

portal and goes to a Hearing. The new base costs for an EL claim

worth 25,000 would increase from 2,100 max to 13,430 ifsettled at a Hearing.

UK Casualty requirementsWhat QBE have done Whats required of our Policyholders

We are working towards the new timescales to ensure our processes are

fully embedded in time to maximise the opportunities presented by

the reforms.

Promptly notify us of claims and provide us with as much relevant

information and evidence as quickly as possible.

We have realigned our processes in anticipation of the reforms to ensure

we are proactive and efficient.

When notifying us of a claim please provide points of contact and details

for investigation purposes.

Our panel loss adjusters are also working to the new timescales now. Ensure all accidents and injuries are recorded promptly and investigated

thoroughly.

Ensuring a disciplined approach to liability decision making in accordance

with our philosophies.

Early capture and retention of evidence and documentation for quick

access and notification should a claim be made.

Regular monitoring and review of performance to ensure high levels of

customer service and quality standards are maintained.

Respond promptly to our requests for information and/or to arrange site

investigations.

We are reviewing and piloting new technology which will enable us to

become even more efficient in dealing with your claims.

Ensure all documentation is entirely factual without conjecture when

dealing with investigation and gathering evidence.

Keeping you updated on the reforms. Please visit http://www.qbeeurope.

com/risk-management/technicalclaims.asp for further updates.

Trust us our claims adjusters and inspectors are experts in liability and

will deal with the claim professionally and expediently.

Ministry of JusticeReforms


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For any queries please contact John

Hannaford:

contact no: +44 (0)20 7105 4870

e-mail: [email protected]).

Disclaimer

This publication has been produced by

QBE Insurance (Europe) Ltd (QIEL).

QIEL is a company member of the QBE

Insurance Group.

Readership of this publication does not

create an insurer-client, or other business

or legal relationship.

This publication provides information

about the law to help you to understand

and manage risk within your organisation.

Legal information is not the same as legaladvice. This publication does not purport

to provide a definitive statement of the law

and is not intended to replace, nor may it

be relied upon as a substitute for, specific

legal or other professional advice.

QIEL has acted in good faith to provide

an accurate publication. However, QIEL

and the QBE Group do not make any

warranties or representations of any kind

about the contents of this publication, the

accuracy or timeliness of its contents, or

the information or explanations given.

QIEL and the QBE Group do not have

any duty to you, whether in contract, tort,

under statute or otherwise with respect to

or in connection with this publication or the

information contained within it.

QIEL and the QBE Group have no

obligation to update this report or any

information contained within it.

To the fullest extent permitted by law,

QIEL and the QBE Group disclaim any

responsibility or liability for any loss or

damage suffered or cost incurred by you

or by any other person arising out of or in

connection with you or any other persons

reliance on this publication or on the

information contained within it and for any

omissions or inaccuracies.

QBE Insurance (Europe) Limited and

QBE Underwriting Limited are authorised

and regulated by the Financial Services

Authority. QBE Management Services

(UK) Limited and QBE Underwriting

Services (UK) Limited are both Appointed

Representatives of QBE Insurance

(Europe) Limited and QBE UnderwritingLimited.


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QBE European Operations is a trading name of QBE Insurance (Europe) Limited and QBE Underwriting Limited. QBE Insurance (Europe) Limited and QBE Underwriting Limited

are authorised and regulated by the Financial Services Authority. QBE Management Services (UK) Limited and QBE Underwriting Services (UK) Limited are both Appointed Representatives

of QBE Insurance (Europe) Limited and QBE Underwriting Limited.

QBE European Operations

Plantation Place

30 Fenchurch Street

London

EC3M 3BDtel +44 (0)20 7105 4000

fax +44 (0)20 7105 4019

[email protected]

www.QBEeurope.com

Documents

QBE's Summary of MOJ Claims Portal & LJ Jackson's Reforms