“UK Personal Injury Litigation 2017“, report is an in-depth study into the claims landscape of the personal injury market, which covers motor, employers’ liability, public liability, and clinical negligence. It explores the change in claims numbers over time and in relation to reforms such as LASPO. It also discusses upcoming regulatory changes such as the Civil Liability Bill and the discount rate, and the future impact these will have in the personal injury space. The role of CMCs and solicitors is explored and how this is likely to change in future. The report has chapters focused specifically on motor and employers’ liability areas of personal injury.
The personal injury sector continues its turbulent course of market-changing reform, with legislative, legal, and regulatory forces at work. While the market was just beginning to settle and adjust post-Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), a second round of reforms are due to come into play. The Civil Liability Bill will raise the limit in the small claims track to £5,000 for road traffic accident (RTA) claims and £2,000 for all other personal injury claims. For RTA-related soft tissue injury claims it will additionally introduce claims tariffs and ban pre-medical offers. However, any benefits from upcoming reforms will be cancelled out by the change in the Ogden rate from 2.5% to -0.75%, which has increased claims costs for insurers. Claims management companies (CMCs) are continuing to consolidate and diversify their profits. A Financial Guidance and Claims Bill will strengthen the regulation of CMCs. Regulators continue to audit the market and issue fines for unlawful behavior such as nuisance calls. Solicitors are also consolidating and under financial stress.
– The total number of personal injury claims recorded during 2016-17 has fallen by 0.3% to 978,816 year-on-year. Recorded claims in 2016-17 have dipped only marginally below the levels seen pre-LASPO in 2010-11.
– Motor claims rose by 1.2% in 2016-17, whereas employers’ liability and public liability claims declined by 15.2% and 7.8% respectively. Clinical negligence claims have remained flat year-on-year.
– Holiday sickness claims are an emerging area of personal injury claims but are not expected to last beyond six to 12 months, due to regulatory clampdown.
Reasons to buy
– Be prepared for how upcoming legislation will impact personal injury insurers, CMCs, and solicitors.
– See how claims numbers are changing across the personal injury market and by specific insurance type.
– Discover emerging areas of personal injury claims.
Table of Content: Key Points
EXECUTIVE SUMMARY 2
1.1. Market summary 2
1.2. Key findings 2
1.3. Critical success factors 2
2. THE PERSONAL INJURY CLAIMS MARKET 9
2.1. Introduction 9
2.2. A post-LASPO landscape is emerging 9
2.2.1. Claims numbers have been falling following a surge in the build-up to LASPO 9
2.2.2. Claims settled have resurged in 2016-17 following a decline since LASPO 9
2.2.3. LASPO created a shift in personal injury claims that is still playing out 11
2.2.4. Return to growth for motor claims, while employers’ liability and public liability claims fell 11
2.2.5. Holiday sickness claims are an emerging area of personal injury claims 13
2.2.6. Claims settled have risen due to a rise in employers’ liability although claims recorded have fallen 15
2.3. LASPO has had a mixed impact on the market 15
2.3.1. The ban on referral fees is thought to have had little impact 15
2.3.2. Civil justice reforms have reduced costs 15
2.4. The Civil Liability Bill aims to reform personal injury claims 16
2.4.1. The benefits of LASPO did not fully materialize 16
2.4.2. Initial proposals aimed to increase the small claims track limit and remove general damages for minor soft tissue injuries 16
2.4.3. The MoJ has published its first response to the consultation of reforms 16
2.4.4. The Prison and Courts bill was scrapped due to the UK snap general election 17
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