With the release of the Pre-Action Protocol for the new small claim track portal, The Government and Insurers loudly proclaim that the average man in the street will no longer need to see a solicitor in order to pursue an injury claim after a road traffic accident, and premiums ‘should’ fall as a result.
But is this the case?
Whilst the final version of the portal is still awaited, and the portal itself works well, there is more than enough in the Pre-Action Protocol to suggest that there are a number of bear-traps awaiting the unsuspecting Litigant in Person (LiP). The MIB have said that the guide for LiPs will provide support, and details of this are eagerly awaited, but will it guide the LiP in the following areas:
- Liability/Contributory negligence
- Fraud/Low Velocity Impacts
- Pre-Medical Offers
- Financial Losses
- Rehab
- Hire/Repair
- 2nd medical reports
- Claim valuation
- ‘Exceptional’ injury/circumstances
- Offer and negotiation
- Disbursements
The usability of the portal is secondary to the inequality of arms between a LiP and a compensator.
How might Solicitors help?
I renewed my passport recently and opted to pay a fee for the Post Office to review my application before it was submitted. This service is not compulsory, and I incurred a charge for this. However, I considered that the charge was reasonable for the peace of mind it afforded me that my passport application would be accepted. I added the data, and the Post Office provided the expert review and advice.
Solicitors can and should be offering a similar service. The critical points of the process are the submission of the SCNF, and the valuation of the claim. Solicitors are able to provide an expert service here, advising on the contents of the claim form, and suggesting edits or enhancements to support the LiP’s case. Similarly, when the LiP receives their medical report, Solicitors can offer their expert assessment on the value of the LiP’s case. There is a clear value for the LiP in such a service.
How might such a service be provided?
There a number of options to allow Solicitors to provide such services to Claimants.
A portal could sit on a Solicitor’s website allowing a client to input brief data on their potential claim, and rules behind the portal could asses the claim, and allowing the LiP to handle straightforward cases on their own, but if the circumstances or injuries were more complex, offer either a complete or discrete service to the LiP.
For those who will act on behalf of Claimants throughout the claim, using technology such as Claim Technology’s award-winning chatbot solutions, where the data gathering is done by the client, leaving the Solicitor to review and advise, and progress the claim via the portal. Funding could be either by way of fixed fee or DBA.
Alternatively, the Solicitor can offer discrete advice on individual steps in the client’s claim, for example if liability is disputed, or once the medical evidence has been finalised. The client, again using Claim Technology’s platform, can complete a series of questions and upload evidence, allowing the Solicitors to review and provide their expert advice for a fixed fee.
The Claim Technology platform supports video advice on what losses can be claimed or allow the client to switch to chat/phone, and using automated processes linked to the status in the portal to trigger automated updates to the client. A ‘light touch’ solution that allows Solicitors to add value and charge a fee for that advice, whilst maintaining access to justice for the general public.
