Many firms currently have claims running through the system having used QUICKSTART.  This has been vital in getting the concept accross to Defendants and Insurers, some of whom are now wanting to run pilot schemes.

Here's the place to share your scheme experiences.

Previously Chris Lodge wrote:

Many firms currently have claims running through the system having used QUICKSTART.  This has been vital in getting the concept accross to Defendants and Insurers, some of whom are now wanting to run pilot schemes. 

It is just as important for every member firm to introduce as many cases as possible so that the Insurance sector becomes very familiar with how it operates.  By this means, we will get many more cases being referred into LawAlliance.

Here's the place to share your scheme experiences.

........

 

On the 26^th April 2006 I travelled across to the Leeds Town Hall for the presentation given by LawAlliance and InterResolve.

 

Given the continual cost battles I was very interested in the scheme that was being put forward.

 

My Application for membership of LawAlliance was completed and returned on the same day together with the cheque covering the membership fee.

 

Eventually, on the 16^th June 2006, I received an email from Peter Ashdown-Barr expressing delight that my firm had joined the scheme and provided me with the full literature. I immediately identified two Clients whose claims who might proceed under the scheme. Both Clients were happy to proceed through the Scheme and on the 20^th June 2006 I sent out the Section 2.6 letter and early notification form to the two Respondents (of course with copies to InterResolve).

 

The response in relation to those first two cases were totally different.

In the first case (Miss T) the third party insurers – QBE Insurance – were somewhat sceptical but I believe that it was directly as a result of Dr Mike Levy at Inter Resolve continually pushing that QBE agreed to proceed through the scheme and by letter dated 9^th October 2006 they formally admitted liability. Of course it took over 3 months for a formal admission of liability to be forthcoming but I have no doubt that when Insurance Companies appreciate that this scheme has real benefits for everybody then the issue of liability and rehabilitation will be considered more quickly. We are now awaiting for a medical examination by Miss T and I fully expect that this matter will settle within the next 6 months if not sooner. Only then will QBE realise the savings that they have made in legal fees alone.

 

In the second of the two cases sent on the 20^th June (Mrs W) I, much to my surprise, received a letter from the Council acknowledging early notification of the claim but the letter stated, “it is our normal practice to invite you/your Client to attend a joint site inspection, however I am unable to do this until I have received your full letter of claim which will be officially acknowledged thus starting the time scale for responding”. When I telephoned the author of this letter and asked whether she was going to deal with this matter under the InterResolve Scheme she indicated that she had never heard of it!. She said that it was their normal practice to receive a letter of claim, arrange a site inspection and then look at the matter within the Personal Injury Protocol period. InterResolve then intervened and the Council passed the early notification letter onto their loss adjusters. InterResolve (Dr Levy) persisted with the loss adjusters emphasising the benefits of the scheme to them. Unfortunately the loss adjusters chose not to deal with the matter through the scheme and wrote, “We cannot agree to use InterResolve for this claim as we do not have enough information as to the scheme, on this occasion this claim should be dealt with under the normal CPR practice”.

 

In the circumstances I wrote to the loss adjusters reminding them of the benefits of the scheme, the contents of Section 2.16 of the Pre-action protocol and indicated that if they did not agree to proceed under the scheme I would be left with no alternative other than to enter into a CFA, obtain after the event insurance and claim indemnity costs. I thought common sense would have prevailed but alas I received a short letter from the loss adjusters repeating that they were not prepared to subscribe to the scheme.

 

In the circumstances I have entered into a CFA and have obtained insurance and believe you me I will, upon being successful, seek indemnity costs. Unfortunately this will take some time.

 

A rather strange situation has also arisen involving Zurich Municipal Insurance Company. The office  at Chelmsford have point blankly refused to deal with a claim (Mrs R) under the scheme whereas the Leeds office of the same Insurance Company have agreed to use the scheme (Mr K) !!!.

 

I have no doubt that the more times the scheme is used and as soon as the Insurance Companies see a financial benefit then claims can run more smoothly. Of course when sending the early notification documentation to a Respondent we indicate that we will allow them 21 days. Of course I have not adhered to this time limit in the majority of cases. Had I done so the scheme would quite clearly not work at all.

 

The scheme is based upon trust. Whilst the likes of AXA Insurance have grasped the nettle we as Claimant Lawyers must show that this scheme is the way forward. Hopefully, and very soon, trust will be established and the scheme can only flourish.

 

 

Many thanks for your detailed & illuminating reply, Chris. I'd like to take this opportunity to invite other member firms of LawAlliance, particularly members of the Solicitor Steering Committee, to share their experiences of using the InterResolve scheme.

I referred a claim to Inter Resolve whereby Axa had been disputing liability for approximately 18 months.  Following Inter Resolves intervention within a matter of weeks a full admission of liability was received. 

On another matter, again as a direct result of Inter Resolves involvement a dialogue has been entered into and which hopefully will produce the same result.

I am now recommending this scheme to clients and to date the clients have given permission for matters to pass through Inter Resolve with a view of dealing expeditiously and without recourse to litigation.