Dispute resolution through the eyes of an ATE provider

Authored by DAS

We have provided ATE insurance for over 22 years and are proud to have supported over 33,000 claimants to pursue medical accident claims since LASPO. These credentials lead in part to us winning the accolade of Insurance Provider of the Year at the Personal Injury Awards 2023; that, and our commitment to providing industry updates!

Throughout our tenure Dispute Resolution (DR) has always been a factor; the ability as an insurer to collaborate with our partners to ensure the best possible outcome for their client is key. We have however noticed an uptake in the volume of cases concluded by way of DR, and increasingly through mediation.

Why is it good?

As an insurer we see any form of DR as a good thing. From a cost perspective, concluding a case as early as possible benefits us in terms of the value of any claim under the policy.

From a customer point of view, they see a resolution much sooner than if the matter were to go to trial, which can help reduce the amount of stress caused by the case.

What we have seen in terms of behaviour

In the last 5 years we have seen a large swing in the number of cases where proceedings are issued per annum with a decrease of 43%. The NHS mediation pilot and the moratorium has of course been a factor, but we have also noticed that firms are continuing to resolve cases through extensions and seeking DR as standard rather than exception.

How do we support?

Our ATE policy covers the costs involved with DR; should you make a claim, we would consider the costs in line with the terms of the policy. We have on many occasions been on hand into the night to provide support and collaboration while a case went to a JSM.

The changes proposed by the Low Value Clinical Negligence FRC scheme brings about the proposal of early neutral evaluation. We are looking, alongside our partners at our product, at how we can make any improvements to ensure we are fully supporting claimants in these situations.