The 'Culture Of Contempt' Stamped Out

Reform is high on the agenda of the Claims Club, as the industry sees itself challenged to respond to two major consultation papers on personal injury claims and insurance contract law. Lynn Rouse reports

Martin Bare, president of the Association of Personal Injury Lawyers, called on insurers to increase their role in the risk management activities undertaken by their insureds to prevent avoidable injuries and do away with the ‘culture of contempt’ of those who flout health and safety laws.

“In 25 years of legal practice, I have never met a claimant who wanted damages more than they wanted to turn the clock back,” he said. ” I want increased health and safety in the workplace to be applauded for what it is: sensible risk management. Active accident prevention and care by employers, local authorities, hospitals and the general public prevent tragedy.”

Mr Bare also reiterated his growing concerns over insurers dealing directly with claimants through third-party capture of claims (Post, 3 May, pp 14-15). He cited a Mori poll that found 80% of those surveyed said they did not believe they would get the right amount of compensation without an independent solicitor. Mr Bare also dismissed the Frontier Economics report, commissioned by the Association of British Insurers last year, which suggested unrepresented claimants could receive compensation faster, or even higher sums. He referred to the data as “cleansed and selective” and said he would not accept the findings of a report that did not show the full data.

But Richard Ellis, head of motor claims at Norwich Union, responded by saying: “We do lots of third-party capture and have data to show claimants are eminently satisfied because they find the process easier. They are not necessarily interested in obtaining legal advice when the injury in question is minor, or low sums are involved, but we do encourage claimants to seek this, when required, and link them to a firm of solicitors. We are very conscious of our fiduciary duty of care and do not just pay lip service to it, particularly when English is not the person’s first language or they are not well educated.”

Claims Club members who were unable to attend the meeting can listen to all the presentations at the members-only website www.postclaimsclub.co.uk.

- “I am slightly worried about unintended consequences; despite the Lord Chancellor saying there will be no pilot, I would be more comfortable if there was one.” – Anna Rowland on the proposed streamlining of the UK personal injury compensation process.

- “Focus as much on what you want, as on what you fear” – Peter Tyldesley on making submissions to the consultation process on insurance law.

- “Examples of flouting health and safety laws continue; witness the results of the recent inquiry into the 2002 Legionnaires disease outbreak in Barrow, which found that guidelines on how to avoid legionnella had not been used or disseminated around the council – they were put in bins or filed away.” – Martin Bare on the ‘culture of contempt’ against the rights of individuals.

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