Archive for the 'Claims regulation' Category

Published in Truckstop News July 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS”

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

Published in Truckstop News May 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPACT OF THE NEW PROCESS FOR DEALING WITH ROAD ACCIDENT CLAIMS”

From 30 April 2010 there will be an entirely new process for dealing with road accident claims involving a personal injury.  This has been forced through by the Government, acting under pressure from insurance companies, and it will affect all cases where the overall value of the claim is less than £10,000.  In practice, this will include the overwhelming majority of road accident compensation claims.  However, what are the implications for you - can you be sure that your case will be properly conducted by your solicitor and that you will receive the full amount of compensation you are entitled to?

Published in Truckstop News January 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers “THE PITFALLS OF DEALING DIRECT WITH INSURERS IN A ROAD ACCIDENT CLAIM”

This article looks at the very beginning of road accident claims, how they are funded and the pitfalls to be aware of, particularly regarding insurance companies.  However, similar issues could apply to any type of accident compensation claim.

For many commercial entities involved in the personal injury claims business, an accident is purely a commodity to be bought and sold.  Despite the apparent lack of openness, almost all insurance companies will trade a claim for cash, potentially exploiting the injured party rather than protecting their interests.  Many insurers may soon be launching advertising campaigns to persuade the public to deal with them direct, but concealing their real motivation.

Like all injury compensation claims, a road accident claim can only be pursued by solicitors.  Adverts from claims companies on TV, on the Internet and in newspapers might suggest they will handle each case personally, but this is incorrect.  They actually sell the claim to solicitors on their appointed panel, often for a price of between £600 and £800.  The chosen solicitor will usually handle the matter on the basis that the injured person pays no legal costs, but some claims companies either charge a set amount or take a slice of the compensation once the case is successful, and which can amount to a substantial figure.  Before responding to this type of advertising, why not do some research and find a firm of specialist claims solicitors with a proven track record, and deal with them direct.

Hinchliffes Solicitors, a leading firm of personal injury claims solicitors, have issued a warning to people looking for personal injury compensation to be wary of companies who state they are specialists in this area.

They have found that the current trend is for almost everyone involved in personal injury claims to assert that they are specialists.  Companies want you to use their services and will do and say almost anything to attract your business.  One definition of the word ’specialist’ is someone “who is devoted to a particular occupation or branch of study or research”.  However, they may be devoted to a particular occupation, but that does not necessarily mean they are any good at it!

Specialist personal Injury claims solicitors, Hinchliffes Solicitors, have become founder members of an exclusive nationwide alliance of high quality solicitor firms, Quality Solicitors, whose recent successful national launch was widely reported in the press, on the web, on TV and radio.

Hinchliffes Solicitors joined the alliance as it is the UK’s first ever truly national legal brand promoting the use of real solicitor firms over “call-centre law”, soon to be provided by supermarkets and banks.   The alliance has initially selected 100 of the top solicitor firms nationwide to form the founder membership, and has chosen Hinchliffes Solicitors as recognised specialist claims solicitors providing accident claims advice to members of the public wishing to make personal injury claims.

A warning has been issued by the Ministry of Justice (MoJ) concerning 3 unregulated claims management companies who are involved in accident injury claims.  It is believed that the companies are trying to avoid being subject to regulation by being based outside the UK.

The warning came from the MoJ’s Claims Management Regulation Unit, and suggests that the following 3 companies may be providing accident claims management services without having the required authorisation:

• - National Compensation Consumer Line

• - Compensation Consumer Survey Line

• - Personal Injury Hotline

Published in Truckstop News - November 2008.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors answers the question “WHO PAYS THE LEGAL COSTS IN MAKING A PERSONAL INJURY CLAIM?”.

Legal costs can be a major concern when considering whether to make an accident compensation claim.  Contacting solicitors can appear daunting and potentially expensive.  However, most specialist accident lawyers are very approachable, and able to set people’s minds at rest about the claims process and costs implications.

Cowboy claims companies have been forced to clean up their act, says a report published yesterday.

The Ministry of Justice’s first annual report says better regulation has significantly reduced cold calling in person, which includes the practice of ‘clip boarding’ - knocking on doors and aggressively approaching people in shopping centres.  Unauthorised advertising and marketing in hospitals have also been almost entirely removed.

Bridget Prentice said:

“The regulation has put in place vital safeguards for consumers when using the services of claims management companies and is raising standards across the industry.”

“The new rules that claim managers must now follow have cleaned up the industry.  Consumers can have more confidence that they will be dealt with fairly when seeking to make a claim.”

A recent study indicates that unless their long term health is affected, people are reluctant to pursue legitimate claims for personal injury compensation for fear of being labelled “money grabbers”.

Of the people taking part in the survey, 81% felt that the country is in the grip of a US style claims culture, with 53% suggesting that claimants are purely financially motivated.  However, those same people said they would claim injury compensation following an accident if their future health and earning capacity was likely to be affected.  It seems that the more serious the consequences of an accident, the less reluctance there is to make a personal injury claim.

It also appears that those who have not been injured in an accident are more critical of people who pursue claims.  They may overlook that to a claimant earning the minimum wage even modest compensation of say £2,000 can dramatically improve their financial situation, whereas to someone with an annual salary of say £30,000 such a claim may not be worth the bother.

Darren Werth, the Chairman of the Claims Standards Council (CSC), has congratulated the Ministry of Justice for regulating the claims management industry.

Mr Werth indicated that the Government had done a good job with the regulation process when he said “The Government has successfully removed the cowboys from the industry; that is good news for the legal sector, insurance sector, the Government, but above all the claimant”.

However, the Insurance Fraud Bureau might argue that this is simply not the case.  They are currently investigating dozens of claims management companies, and also 10 firms of solicitors, in connection with allegations of insurance fraud within the claims industry, including claims that involve personal injury compensation.