Insurer Urges End to Small Claims
Personal injury claims of less than £1,000 should
not be allowed, insurer Norwich Union has said.
The group wants bruises and non-disfiguring cuts to be
excluded from compensation claims. Also, successful claimants winning
less than £5,000 should not receive payment to cover legal costs,
NU argues.
The moves are necessary to end the UK's "have a
go" compensation culture and put an end to "frivolous"
claims, the UK's biggest insurer said.
High legal costs
Norwich Union said that such claims were clogging up
the compensation system and leading to legal fees accounting for 40% of
all payouts.
"Claims management companies and solicitors have
exploited the public's expectations in terms of what is compensatable
and the amounts that might be achieved", said Dominic Clayden, director
of technical claims.
"The inevitable consequences have been an increase
in frivolous and vexatious claims, and an explosion in claimant's costs.
The latter now represents 40% of all payouts."
The insurer made a series of proposals for reform of
the UK's compensation culture, including:
Personal injury claims worth less than £1,000 should not be
allowed
Legal costs should not be covered in compensation cases where less
than £5,000 is awarded
No legal costs should be payable where there is no dispute over compensation
Faster payment of compensation
Breakdowns in the claims process, whether about responsibility or
amount, should be mediated before litigated
Medical rehabilitation has to be first consideration
and failure on the part of the claimant to embrace this should be reflected
in the amount of the settlement.
However, a report by market analyst
Datamonitor, to be published on Friday, will describe the UK's compensation
culture as a 'myth'.
"The level of media coverage that
surrounds personal injuries claims has created a myth about the rise in
numbers and there certainly is a degree of sensationalism about it. But
the underlying trend is that claims numbers are falling", said David
Stephenson, Datamonitor analyst.
source: BBC
News (Last Updated: Wednesday, 8 December, 2004)
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