ILC ARTICLE

Key considerations for claims in 2024


DAC Beachcroft has looked ahead to the key factors which could impact the motor and casualty claims industry this year.

On 20 February the Rabot v Hassan case will be heard. The outcome of the case, which deals with the valuation of low-value motor claims involving whiplash and non-whiplash injuries, could set a legal precedent for the industry.

Meanwhile, in April the Fixed Recoverable Costs (FRC) are due to come into force for lower value clinical negligence claims and there may also be a more general update to the new FRC rules. The same month could also see the introduction of the proposed compulsory mediation process in small claims track cases.

Meanwhile, by May the Lord Chancellor must have completed the review of tariff levels for lower value RTA claims that fall within the Official Injury Claims (OIC) process, while in July reviews of the Personal Injury Discount Rate will commence in England, Wales, Scotland and Northern Ireland.

The process in England and Wales must conclude within 180 days while the deadline is just 90 days in Scotland and Northern Ireland.

Meanwhile, both the Damages Claims Portal pilot and the Online Civil Money Claims Pilot are due to conclude in October, although both could be extended.

The industry is also expecting the results from a Scottish Process Review for low value personal injury claims resulting from RTAs, which included questions covering views on a digital claims portal, fixed recoverable costs and amendments to pre-action protocols.

Also expected this year is the Automated Vehicles Bill, which will set out the basis of a ‘safety first’ regulatory environment for the advancement of self-driving vehicles. The Bill needs to be passed by the House of Lords and Parliament, and it is unclear whether it will become law before the next general election.

DAC Beachcroft is also expecting third party property damage costs in motor claims to continue to increase, but says there will be greater clarity around how mixed injuries are valued following decisions from the Supreme Court.

Further, the whiplash tariff must be reviewed by May in line with the three-year anniversary of the Civil Liability Act, while a combination of market forces and the reform agenda will drive a continued focus on digital claims solutions.

It also believes the proposal to ban cold calling for consumer financial services and products could significantly impact the motor claims market.

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