Questions to Ministry of Justice tabled by Joseph Johnson
|28 May 2019, 4:19 p.m.||Personal Injury: Compensation||Joseph Johnson|
To ask the Secretary of State for Justice, if he will bring forward legislative proposals to establish an ombudsman with legal powers to enforce decisions on third party personal injury claims before court proceedings are initiated.
Answer (Paul Maynard)
The Government has no plans to bring forward such proposals.
It is for parties to personal injury claims to resolve their differences in the first instance, making use of pre-action protocols which put in place procedures designed to encourage earlier resolution of disputes.
Currently there is a portal for lower value road traffic accident (RTA), public liability and employer liability claims which assists in achieving settlement of disputes. In addition, the Government is introducing a new IT Platform, in April 2020, which will enable RTA claimants to communicate effectively with the at-fault insurer to progress and settle their claim during the pre-action stage.
Where disputes cannot be resolved by these means, the claimant has the option to pursue court proceedings.
|28 May 2019, 4:14 p.m.||Insurance Companies: Civil Proceedings||Joseph Johnson|
To ask the Secretary of State for Justice, what steps he is taking to ensure that greater numbers of insurance cases are resolved before they reach court proceedings.
Answer (Paul Maynard)
The vast majority of claims against insurers in the civil justice system settle before court proceedings stage, as reflected in the statistics published by the Compensation Recovery Unit.
Settlements are a matter for the parties to an individual dispute to reach agreement on, but the Government seeks to promote pre-court settlement – for example by the development of pre-action protocols.
In terms of road traffic accident related personal injury claims under £5,000, the Government is introducing a new IT Platform, in April 2020, which will enable such claimants to communicate effectively with the at-fault insurer to efficiently progress and settle their claim during the pre-action stage without the need for court proceedings.