what is the process from the insurance companys side when they receive a claim?

maggie1947

hi
What is the process from the insurance companys side after they receive notice of a claim for personal injuries?
Does the injuried persons solicitor just send the insurance company involved a medical legal report stating the injuries and a figure of how much they want or do they issue proceedings?

Quentin

Issuing proceedings is the last straw, not the first!


Investigation/negotiation etc all come before the possibility of a court hearing will be raised (many months down the line)

OnanTheBarbarian

There is a standard procedure under the Low Value Personal Injury Protocol the solicitor has to follow.

If you have a day to spare, have a read of this https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/pre-action-protocol-for-low-value-personal-injury-claims-in-road-traffic-accidents-31-july-2013

maggie1947

and what if it is not low value Onan?
when the solicitor sends off the medical reports to the insurance company,is it the claims handler who decides what is the next move?try and settle it/fight it etc...

OnanTheBarbarian

"low value" is below £25K in value, which accounts for 95% of RTA injury claims.

By the time medical reports are sent to insurers there would have already been a fair bit of interaction between the solicitor and insurer, such as establishing liability etc.

Your solicitor won't just take instructions, spend money on a medical report and other issues without first of all fronting up to the third party's insurers to see if they accept liability and if there are to be any other challenges along the way.

Depending on what has happened since the claim was originally notified to the third party insurers will dictate if the medical evidence is sent via the claims portal with your solicitors stating a settlement figure,or if they just serve the medical evidence and request offers before litigating if no response made within a reasonable timeframe.

Your solicitors will be best placed to explain what happens next as we don't know the details of your case and what has happened.

maggie1947

is that common practice for solicitors now (send in medical legal reports and see what offers the claims handler comes back with?)
what role does the defendants solicitors play in it?

mattk_180

Defending.

OnanTheBarbarian

Are there even solicitors involved on behalf of the third party insurers?

Usual procrdure will be your sols will submit the medical evidence with a "settlement pack" stating the value they put on your injury compensation claim plus any other losses being pursued such as lost earnings etc. It is then up to the third party insurers to either agree that valuatuon or make a counter offer.

It is only if liability is disputed and the claim is not proceeding in the low value claim portal that your solicitors just lob the medical report across to the othet side and ask for an offer of settlement.