Incident / Fraud & Claims Investigation Training & Investigation Services to the Insurance & Legal Services Industries
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View Article  Welcome to the DnA Group UK

View Article  Sabre Presentation

Lin Hyde formerley of ALM Training Ltd receives a Certificate from Col John Wilson OBE DL recocnising our commitment to our Senior Lecturer, former WO1 Darren Knight (Right) and his continuing service to the TA with our support.

View Article  Testimonial
Hi Dean and Lin,
 
I hope you both are well.
 
This is just a quick update to let you know how I am getting on since completing and passing your course.
 
Since starting work as an independent accident and fraud investigator on the 01 March 2009 my total income to date being the 31 May 2009 is £6,550.77 which is absolutely phenomenal. Times that by 4 and it will equate to an annual income of £26,203.08.
 
I can only put my success in this competitive field down to the high quality training and advise from your company.
 
I consider myself to be very fortunate in choosing your company as my training provider in which I believe that if I went elsewhere I would not have been a successful as I am today.
 
I am absolutely inundated with work at the moment and it is all thanks to the high quality work I am producing as taught by your training school.
 
I would like to thank you both for giving me this opportunity and for the outstanding training you provided for me to embark on this new career.
 
My family are going on a 2 week holiday to the Maldives on the 01 August 2009 in which I believe if it wasn't for your high quality training I wouldn't have been able to afford it.
 
After my holiday I am going to concentrate on finding my own work providers as I know I can earn a lot more than working through agencies.
 
I wish you both and all your staff well for the future.
 
Kind regards,

Paul Burns
Incident/Fraud & Claims Investigator
MINUK
View Article  Recession 'fuels insurance fraud'

The recession prompted a rising number of fraudulent insurance claims last year - such as the case of one motorist who pushed his own car over a cliff.

Some 107,000 claims worth a total of £730m were found to be false last year, according to the Association of British Insurers (ABI).

The value is up 30% on the previous year, and the figure has risen in each of the past four years.

The ABI said fraud was "more of a temptation" during a recession.

While detection of fraud has risen, the group also suspected that the actual amount of fraudulent claims for motor and household insurance had also increased.

'Dishonest claims'

Fraudulent claims were most common on home insurance, with 55,000 false or exaggerated claims detected last year.

Fraud thrives in a recession, so insurers are intensifying their crackdown on insurance cheats
Nick Starling, Association of British Insurers

False motor insurance claims were the highest by value, at £360m. One of these cases involved an owner who reported his car stolen from a car park.

Later, he admitted he had pushed the car over the cliff and planned to use the insurance payout to pay off his debts, the ABI said.

Another claim for "recovery expenses" by a man holidaying in West Africa was declined, as it included services at a local brothel.

"Fraud thrives in a recession, so insurers are intensifying their crackdown on insurance cheats," said Nick Starling, the ABI's director of insurance.

"Fraud adds an extra £40 a year to the average premium, which is why the harder we make it for the cheats, the more competitive premiums will be for honest customers."

Detected fraud stood at £260m when the ABI first collected figures in 2004, rising to £410m the following year, up to £470m in 2006 and then rising again to £560m in 2007.

Sue Cowes, a fraud investigator for Norwich Union, said the majority of insurance claims were still genuine.

She said factors she looked out included unusual remarks, whether a customer had made a series of claims, and whether a policy had just been taken out.

"Unfortunately people are exaggerating some types of claims," she said.

View Article  Slip, Trips & Falls - No Joke

A total of 61 people died and more than 14,000 suffered serious injury as a result of a slip, trip or fall from height in British workplaces last year. These shocking statistics have prompted the launch of an awareness raising campaign from the Health and Safety Executive (HSE).

The second phase of the Shattered Lives campaign was launched today to highlight the devastating consequences of slips, trips and falls in the workplace and to encourage employers, in consultation with their  employees, to ‘take action’.

Marcia Davies, HSE Head of the Injury Reduction Programme said “People often view slips, trips and falls as trivial incidents, even comical but they are no joke to those who suffer major injuries, a lifetime of disability, time off work and in the worst cases death.

“We want to raise awareness of how these incidents can happen and how they can be easily avoided by taking common sense actions and precautions at no or little cost. If you spot a hazard in your workplace deal with it, don’t assume that somebody else will.

“The lives of workers and their families are shattered by the serious consequences of these types of accidents. Simple measures introduced by businesses can make a positive difference to safety in the workplace.”

Fatalities and serious injuries arising from slips, trips and fall incidents cost British society an estimated £700 million last year.

The campaign is targeted at seven sectors where there is a prevalence of such injuries: food retail, catering and hospitality, food and drink manufacturing, building and plant maintenance, construction, healthcare and education, although the risks can occur in any workplace. 

View Article  MP’s IN DRIVER TRAINING

600 MP’s are being offered occupational driver training in an initiative launched by road safety minister Jim Fitzpatrick and the Institute of Advanced Motorists. The training aims to educate MP’s on the importance of driver training.

Let’s hope that it is a little more than “offered” and that we have a Government Body who is actually being pro-active about what they preach! Members will be aware that AIRSO is scathing in its attacks over the lack of action by the Public Sector in terms of its attitude to Managing Occupational Road Risk and those who drive for the organisations.

View Article  PASSENGER JAILED FOR DANGEROUS DRIVING!!

A man has been jailed for five years for failing to stop a fellow company director from driving his car “dangerously” - leading to the death of a young couple.

 

The passenger was in the front seat passenger of the car which was being driven when it hit surface water, skidded and ended up killing two young people.

 

The young couple were phoning for help after their Ford Fiesta had broken down in the A1's central reservation at Great Ponton, Lincolnshire, when the crash happened in May last year, killing them both.

 

The court was told how evidence from the Jaguar's on-board computer showed it had been travelling at 111mph at the moment of the collision. Both the driver and passenger were convicted on two counts of causing death by dangerous driving.

 

The driver who was one and a half times over the legal alcohol limit was jailed for nine years and banned from driving for seven years, while the passenger was jailed and banned for five years. They were both also ordered to pay half the prosecution's costs of £14,000

 

Greg Dickinson QC said: "By deciding a sentence it is necessary to assess the blame-worthiness of each of you. It seems perfectly clear that the Jaguar was being driven at a grossly excessive speed."

 

Over the limit

 

On the day of the crash the Directors had been enjoying a day out at Nottingham Racecourse, where they had drunk wine. One of them decided to drive but the court heard, they were later found to be one-and-a-half times the legal alcohol limit.
View Article  Companies sleepwalk into cash crisis as they fail to appreciate cost of road crashes

Road traffic crashes in Britain cost billions of pounds last year with much of the cost borne by businesses in terms of lost output and administrative costs.

Yet, many companies are ‘sleepwalking’ into danger because they fail to appreciate both the final multi-million cost of each road crash in addition to the legal costs.

The dripping tap of costs associated with at-work road crashes is one of the most straightforward to turn off, according to Fleet Support Group and crucial as companies across the board look to safeguard their future by eliminating costs as recession bites.

Companies that have introduced RiskMaster, the company’s one-stop shop approach to occupational road risk management, have reaped significant financial savings.

But, said FSG Chairman Geoffrey Bray: “Many companies at the top level continue to resist buying into crash prevention. Yet, the law puts these directors and company managers firmly in the spotlight in the event of a crash.

“We are aware of many fleet managers who find the attitude of their boards of directors and immediate bosses very frustrating. Fleet managers know that the proactive implementation of occupational road risk management initiatives is a business essential.

“However, such measures are being resisted by short-sighted boards of directors. That is appalling, but it is happening.”

And, employment law specialist Kevin Basnett, Senior Partner at Goughs Solicitors and an adviser to FSG, warned: “Directors should not be setting fleet managers up to fail, but backing them up to drive down costs, change culture and general behaviour. Improving at-work driving safety is about top down, bottom up linkage and communication is key.”

In the event of a road crash, investigating police officers will want to see comprehensive details of a company’s safe-driving procedures including records of how they manage drivers, vehicles and journeys.

All such data is recorded within FSG’s RiskMaster programme and builds into a Driver Operator Life Report. But a failure of businesses to implement such measures leaves the business and its directors and managers wide open to prosecution under health and safety legislation as well as the Corporate Homicide and Corporate Manslaughter Act.

Companies that have introduced RiskMaster are reaping the doubled-edged benefits of saving money and having in their possession a comprehensive audit of drivers, vehicles and journeys that they can produce as evidence to defend themselves against any possible legal proceedings.

“Managing work-related road safety is not a cost, it is an investment,” said Mr Bray. “Road crashes are devastating for families, friends, businesses and work colleagues, but effective action can be taken to prevent tragedies from happening.”

Data contained in the Department for Transport’s ‘Road Casualty Statistics Great Britain: 2007 Annual Report’ reveals that: Last year there were 2,946 fatalities on the country’s roads costing an average £1.87 million; the 27,774 serious injuries cost an average £215,170 and the 217,060 slight injuries cost an average £22,230.

However, add in the costs associated with lost output, medical, ambulance and police care and time, property damage and insurance and administration and, according to the Government, the average cost of crashes soars to: £5.09 million per fatality, £5.23 million per serious injury incident - the cost is higher than a fatal due to the continuing need of ongoing medical care and other associated costs - and £3.45 million per slight injury crash.

Mr Bray added: “Companies that use RiskMaster have an appetite for data and an appetite to cut costs. Using the Riskmaster information will result in costs reducing and legal compliance will be absolute. In the economic climate that we are currently experiencing no business can avoid measures that reduce cost.”

The original version of this article was featured in FSG UK's monthley Flagship publication.

View Article  CRASHES AND COLLISIONS INVOLVING CYCLISTS A PROBLEM

The number of cyclists injured in England has increased by almost a quarter in the last five years, according to official figures. (Not all on the road)

Health Minister Ben Bradshaw said 13,368 riders were admitted to English hospitals in 2006-7, up from 10,795 in 2002-3, a 23.8% increase.

 

In 2006-7, the latest figures available, some 1,873 cyclists were injured after colliding with cars or vans and 129 were in collisions with lorries and buses.

 

Some 9,191 were injured in incidents involving no other vehicles and 518 hit stationary objects. A further 208 cyclists collided with other riders and 89 crashed into people or animals.

 

However, the figures for 2006-7 were lower than the previous year, when 13,533 cyclists needed hospital treatment.

View Article  CHRISTMAS DRINK DRIVE CAMPAIGN

Police forces across the UK will step up their fight against drink and drug drivers as part of a new campaign in the run up to Christmas.

 

Officers will be increasing the use of roadside breath tests as well as 'field impairment tests' such as balance and co-ordination exercises to detect drug use. Police also warned revellers of the dangers of still being over the limit the morning after a night out.

 

They advised designating a non-drinking driver or making alternative arrangements such as getting a cab home from festive celebrations.

 

New radio and internet adverts are to be launched alongside TV adverts, cinema and in-pub advertising to help get the message across.

 

Campaigners will also be working with Coca-Cola Great Britain to help tackle drink driving through its 'Buy one Coca-Cola and get two more free' deal for designated drivers at one of 2,500 participating pubs.

 

This year will see more roadside stop and check operations than ever before, at all times of day and night and on all types of road. Police Offices will be stopping a large number of drivers and where appropriate, will arrest and bring offenders before a court.

View Article  Heart attack case

A man from the north east of England who had a heart attack after suffering from work-related stress and depression, has received £175,000 in compensation.

 

The gentleman in question had regularly worked twelve hour days and most of the weekend. Unable to cope with the workload, he suffered stress and anxiety and eventually had a heart attack in November 2004. He survived, but remained "seriously depressed" and was unable to return to work, taking early retirement at the age of 60.

 

Court proceedings began in 2006 and Northumberland NHS Care Trust admitted they had been negligent in exposing the man to working conditions that put him under stress. However, at the time they did not accept that the heart attack and depression suffered had been caused by their negligence.

 

As a result, the case was listed to be heard by a judge at Newcastle County Court in September of this year, but shortly before the trial the NHS Trust offered compensation of £175,000, which was accepted.
View Article  APPEAL COURT BID OVER WORK STRESS RULING FAILS

There is a constant belief that driving can result in stress. Does this ruling and the previous award bring into question just how am employer needs to exercise their duty of care.

 

A woman who had won nearly £110,000 in compensation from her employers for stress-related illness, has successfully fought off a bid to have the ruling quashed.

Mobile phone company O2's appeal against a decision that it was in breach of its duty by failing to relieve the pressure of an employees job was rejected by the Court of Appeal.

The woman was a regulatory finance manager with O2 when she claimed to have reached "the end of her tether" due to work pressures, and could not cope with some aspects of her job.

Three Court of Appeal judges heard how she had warned her employers of how she felt, but that they had failed to relieve her situation, and in May 2002 her mental health broke down. She has not worked since.

 

She was awarded a total of £109,754 by a judge at Oxford County Court last December. The judge said her illness should have been "reasonably foreseeable" to her employers.

In its appeal, O2 challenged the way the judge had dealt with the case and claimed there was no proper evidence to support the finding of foreseeability or the decision that the company's conduct contributed to her illness. It said there had been no warning signs of a breakdown in her health.

 

However, Lady Justice Smith, sitting with Lords Justices Sedley and Wall, said the obvious inference from the history this lady’s condition was that she "tipped over the edge because nothing significant had been done to recognise and address her need for a rest and for a change to her work requirements".

View Article  HSE reminds electrical contractors to use safe working practices

The Health and Safety Executive (HSE) has warned the electrical contracting industry of the tragic consequences which can result when safe working procedures are not practiced when working on live electrical systems.

The warning follows the death of 26 year-old Michael Adamson, of Edinburgh, who was electrocuted in August 2005 when he came into contact with a live conductor in a cable on which he was working.     

Mitie Engineering Services (Edinburgh) Ltd, Roddinglaw Business Park, Edinburgh were fined £300,000 at Dundee Sheriff Court today after being found guilty of charges under Section 2 (1) of the Health and Safety at Work etc Act 1974 at a hearing on Tuesday 14 October.  Two company directors and the project manager were acquitted of charges under Section 37 of the Health and Safety at Work etc Act 1974.

Mr Adamson, a qualified electrician, was working at the JJB Sports Centre and Retail Outlet, which was under construction at the Gallagher Retail Park in Dundee.  He was installing cables, fixtures and fittings when the incident happened.  Despite being labeled ‘not in use’, the cable he was working on was live; it had not been safely and securely isolated from the electricity supply. 

Mr Adamson was not provided with the necessary test equipment to prove the cable was dead, nor the means to securely isolate the circuit.

HSE Principal Inspector Jim Skilling commented after the case:

"The Health and Safety Executive has found that across the electrical contracting industry there is widespread violation of the safe working practices. 

Each year there are around 2000 incidents at work involving electrical injury, including electric shock, and about 20 of these result in fatalities.  The industry’s complacency in accepting dangerous practices is startling.

Michael Adamson’s death could have been prevented had his employer ensured that safe working practices were being carried out in accordance with the company’s own written procedures.  Managers and supervisors in this industry must take active steps to ensure that their electricians work safely."

HSE has since supported SELECT (Scotland's trade association for the electrical, electronics and communications systems industry), Electrical Safety Council, Electrical Contractors’ Association, National Inspection Council for Electrical Installation Contractors, and the Institution of Engineering and Technology in publishing targeted guidance on safe isolation procedures in the electrical contracting industry. 

However, the information on safe working practices in this guidance is not new and was well known to the electrical contracting industry for a long time prior to Mr Adamson’s death.

View Article  Warning about falling from vehicles following death of driver

The Health and Safety Executive (HSE) today warned about the dangers of falling from vehicles following the death of a Central Scotland tanker driver who fell three metres from the top of his vehicle because his employer failed to provide a safe place to work.

The warning came after the employer Carntyne Transport Ltd of Glasgow pleaded guilty to a charge laid under Section 2(1) of the Health and Safety at Work Act 1974, which requires employers to provide a safe place and safe systems of work.  

At Cupar Sheriff Court yesterday, they were fined a total of £5000.    

At 6.30am on 9 February 2007, the driver of the tanker, Mr James Robert Hutchinson from Tillicoultry, Clackmannanshire was found by two farm workers.  It appeared that he had fallen three metres from the midpoint of his tanker after setting the valves for a delivery of liquid animal feed.  There was no safety rail on the driver’s side of the vehicle.

HSE Inspector Robert Fraser said:

"Mr Hutchinson’s death was entirely preventable and arose from the clear failure to carry out a risk assessment and ensure there was safe access to the top of the vehicle.

"Although Workplace Transport injuries form a fairly small part of all accidents at work, they are more likely to result in serious injuries and much more likely to lead to fatalities. 

"HSE figures have shown that every week one person dies from a slip, trip or fall at work and every 25 minutes, someone breaks or fractures a bone at work. This is unacceptable and employers should ensure that they do everything in their power to prevent this type of accident occurring."

View Article  ‘Asbestos: Hidden Killer’ campaign launched with ex-footballer Ian Wright

Figures issued by the Health and Safety Executive today revealed that every week 20 tradesmen die from asbestos-related diseases, and this number is set to increase.

Former tradesman and England and Arsenal footballing legend, Ian Wright, has given his support to help highlight the importance of the Health and Safety Executive's (HSE) "Asbestos:The Hidden Killer" campaign which is running throughout October and November and aims to reduce the rising death rate by educating today's tradesmen about the danger that asbestos presents to them. 

Ian Wright was shocked when he learnt that 20 tradesmen a week were dying from having been exposed to asbestos in their working lives.  "I used to be a plasterer before becoming a professional footballer, and was really surprised to learn that the number of deaths is actually on the increase year on year.  If that was footballers dying, the whole of the premiership would be wiped out in just three months." 

Steve Coldrick, Director of the HSE's Disease Reduction Programme says, "We need to educate tradesmen about how asbestos and its dangers are relevant to them.  We want them to change the way they work so that they don't put their lives at risk."

"I can really relate to the situations tradesmen find themselves in and urge them to take care," added campaign ambassador, Ian Wright.

Steve Coldrick explained why a major campaign has been launched to raise awareness of the real risk that tradesmen face, "Exposure to asbestos is the biggest single cause of work-related deaths, with around 4,000 people a year dying from asbestos-related disease. The overall number of deaths is rising because a large number of workers who have already been exposed to asbestos dust around 40 years ago will go on to develop mesothelioma, a terminal cancer or other asbestos related diseases."

1,000 (25%) of the 4,000 now dying each year are tradesmen and while the number of deaths in traditional industries has plateaued, deaths in trades continue to rise.

"The HSE campaign is vital because research shows that only one in ten tradesmen know that exposure to asbestos can prove fatal" says Jill Morrell, Head of Public Affairs at the British Lung Foundation. "The asbestos-related cancer mesothelioma is a cruel disease which as yet has no cure. We must do all we can to prevent more people dying from this preventable disease"

Many workers, particularly tradesmen, think that they are not personally at risk of exposure to asbestos and the diseases it can cause. They think that since asbestos was banned many years ago, the problem has been dealt with and therefore it is not relevant to them. The reality is very different.   

Even today asbestos presents a real and relevant risk to plumbers, joiners, electricians and many other maintenance workers. Asbestos may be present in any building constructed or refurbished before the year 2000, and it is estimated that around 500,000 non-domestic buildings could contain asbestos. These buildings all need repair and maintenance work from time to time and when the asbestos fibres are disturbed e.g. by drilling or cutting, they are likely to be inhaled as a deadly dust.

If asbestos-containing material is in good condition and in a position where it cannot be disturbed or damaged, it is safer to leave it where it is and ensure that the risks are managed. Those responsible for managing building maintenance and repair of non-domestic buildings, have a duty to inform tradesmen if asbestos is present in a building they are working in. Depending on the type of asbestos-containing material, and providing they have been trained and the proper controls are in place, they may be able to work on the project. Asbestos sprayed coatings, board or lagging on pipes and boilers - should only be tackled by licensed workers.

Posters and radio adverts will encourage tradesmen to get a free asbestos information pack by calling 0845 345 0055 or by visiting www.hse.gov.uk/hiddenkiller for further information. The free information pack provides information on the dangers of asbestos, highlighting where asbestos-containing materials may be present in buildings, what they look like, how they should be dealt with and where to find training.

View Article  Knowles and Mitchell announce RTA deal

Knowles Loss Adjusters has teamed up with Mitchell & Co Solicitors Agents to form a joint venture dedicated to road traffic accident investigations.

The business, Knowles Mitchell & Co, which will combine the existing RTA divisions and expertise of both firms, will have a board split between director Daren Hales and George Gager of Mitchell & Co and David Parker and Patrick Lineen of Knowles.

Mr Gager said: "Both companies have proven track records in providing professional services to their insurer and legal clients in respect of RTA liability investigation, fraud investigation and surveillance.

"With the investment of new internal systems we are now able to further assist our clients in obtaining relevant information at an early stage to enable liability decisions to be made within the time scales set out in the new reforms recently recommended by the Ministry of Justice."

Mr Parker added: "Knowles has been looking to expand its side of the RTA investigations and having known and admired Mitchell & Co for a great many years and it seemed the natural way to go forward.

"Knowles Loss Adjusters will remain the same and naturally will carry on serving our clients with the quality they are accustomed to, in respect of construction, property and general liability claims services."

View Article  Class of Winter 2009

Congratulations to those student qualifying during the Winter Quarter 2008

View Article  National Blue Light Users Conference - AIRSO

Organised by AIRSO The Association Of Industrial Road Safety Officers, the Annual National Blue Light Users' Conference is aimed at all those who manage or train drivers who during the course of their work drive emergency vehicles. It is also relevant to those who manage health and safety and occupational road risk issues for all staff within the emergency services and those who are involved in casualty reduction.

Over the years the Conference has become an important event in the diary for the emergency services and has gained a reputation and credibility with Government and its agencies and other organisations concerned in any way with the emergency services.

Dean Hyde DnA Group Managing Director Addressing the NBLU Conference

Dean Hyde spoke to over 200 delegates attending the conference with regard to increasing staged accidents and the importance of training investigation techniques to counter fraudulent road traffic claims.

The two day conference in Hinckley was extremely well attended and had some very interesting keynote speakers the aim of the conference is to provide the delegates with the appropriate knowledge required to enable them to professionally brief their employers, organisations or authorities with the aim of ensuring legal and procedural compliance and circulation of best practice, thereby ultimately ensuring that we have the very best and safest emergency service drivers and riders.

Dean Hyde speaking to Owen Lower, MAIRSO, Senior Driving Instructor from the Suffolk Constabulary and Chairman of the 2008 National Blue Light Users' Conference (Left) and Andrew Howard MBE, Chairman AIRSO (Right).

 

 

View Article  AVOIDING FRAUDULENT VEHICLE COLLISION 'SLAM-ONS'
In recent months various forms of insurance claims fraud, including staged and induced 'slam-on' collisions, particularly targeted at liveried fleet vehicles, have been in the media.

 

The following best practice tips to avoid becoming a victim are based on an insurance guidance, aimed to reduce claim claims costs and premium inflation.

 

Induced collision fraud represents a growing threat to public safety, estimated to cost hundred of million pounds per year by UK insurers. Gang members either purchase and insure low value vehicles or use hired vehicles, and then force innocent members of the public to crash into them. By 'inducing' an innocent driver to collide with them, the fraudsters can rely on an almost automatic acceptance of insurance liability. Multiple fictitious claims are subsequently submitted for the driver and (often fictitious) passengers.

 

According to insurers, the average insurance bill per induced collision is £25-30k.

 

Common methods of inducing crashes

1. Round a bouting: A fraudster disconnects their brake lights and drives around busy roundabouts/slip roads looking for victims. Once a victim is selected, the fraudster drives 2-3 metres in front of target and breaks sharply (sometimes an accomplice in another vehicle will distract the victim, with their horn or flashing headlamps, to help facilitate the crash).

 

2. Round a bout Shunt: Fraudster stops at a busy roundabout and waits for a potential victim to pull in behind them. The fraudster then pulls quickly onto roundabout, but stops 2-3 metres onto the roundabout. The potential victim's attention will be focused on checking for traffic emerging from roundabout to their right, as they themselves pull onto the roundabout. Consequently, they are unlikely to be aware of the stationary vehicle directly in front of them, until after a collision has become inevitable.

 

3. The Russian Method: As a slight variation on the scam, the vehicle in front of you may slam on when a third vehicle overtakes them at speed and then cuts them up for no obvious reason. In fact the overtaking vehicle may be part of an organised 'tag team' who are colluding in order to provide a 'cover story' as to why the vehicle ahead braked quickly.

 

Possible signs of an induced collision fraud

 

  • The vehicle directly in front of you stops unexpectedly for no obvious reason, usually upon entry to a roundabout or road junction, causing you to rear end it. If collision is pre-planned you may note some typical unusual events:

 

  • The occupants in the vehicle in front of you may be turning around and looking at you out of the rear window - to ensure the trap is ready to be sprung.

 

  • The occupants may gesture to their driver to 'slam on' seconds before the vehicle stops dead in front of you.
  • Vehicle ahead may navigate the same roundabout several times - a sign that they are looking for a suitable victim to target.

 

  • The vehicle in front (with which you have just collided) does not stop at the scene, but drives on. The Driver subsequently returns on foot. In an induced collision scenario, this may be done in order to prevent you from
  • Inspecting the actual levels of damage to the fraudsters vehicle, or to prevent you from ascertaining the number and identity of passengers (if any) present in the vehicle.

 

  • The driver of the vehicle you have run into appears well prepared with written details of their name, address and insurer.

 

  • Witnesses appear from nowhere, and corroborate your liability for the collision.

  • The vehicle in front (with which you have just collided) does not show any signs of stopping e.g. Brake lights not illuminated.

 

 

Think you may have been involved in an Induced collision?


Never admit liability at the scene. Never admit you are at fault - you may well not be.

 

Do not confront the other party or take any action that you feel might place you at risk.

 

Call the Police from the scene and report the collision. Invite the other driver to remain with you until the police arrive.

 

Be vigilant at the scene count the number of occupants in the other vehicle.

Ask for the names and addresses of all people present, including any reported witnesses, together with the make, model, registration and owner of the vehicle you have collided with.

 

Note the Insurance details of the driver of the other vehicle, record it from what the other person tells you, not by asking them to write it down.

 

Note any distinguishing features of the driver / passengers. This is useful evidentially in disproving subsequent insurance frauds.

 

Take photographs if you are able to without risk of confrontation.


Record details of the location and extent of damage to the other car in detail.


Write the fullest possible account of the incident and all related details, as soon as possible after the collision.

 

Report any concerns to the fleet team, your manager or insurer as appropriate.


Tips for reducing the risk of personal involvement in an induced collision


Proceed with caution when approaching roundabouts and do not look for a gap in the traffic on the roundabout until you are at the give way line.

 

Ensure your path immediately in front is clear before pulling onto the roundabout.

 

Watch your speed when approaching roundabouts, junctions and slip roads. Just sticking to the speed limit and maintaining a realistic safety gap from the vehicle in front will help reduce your risk.

 

Be vigilant when driving, and maintain awareness of your surroundings at all times. Do not assume that other drivers will always act rationally.

 

Your best approach is driving defensively - always at a speed that you can pull up safely within the distance you can see to be clear.

 

We are grateful to Dr Will Murray FAIRSO for this information

View Article  NEW-Incident Investigation Unit

The DnA Group have taken delivery of a new incident investigation unit, this high spec vehicle carries state of the art reconstruction equipment as well as being utilised to carry students to on-site investigations as part of their training.

View Article  Class of Spring 08

The Certificate presentation day in Spring 08 at the DnA Group HQ. The successful candidates were presented their Certificates by Mr Alan Monro CEO DnA Group.

View Article  Lawyers Support Services - Law London 08 Olympia

View Article  DnA Group UK Moves To A New Facility

From Friday 22nd February the DnA Group and it's partner organisations ALM Training Ltd, INUK, LSS & ISS move to their new home at the Newark Beacon a brand new state of the art business innovation centre.

The facilities include subsidised restaurant facilities, relaxed areas and high tech conference and training facilities commenserate with the continuing expansion of the DnA Group as one of the UK's leading providers of Incident, Fraud & Claims Investigation & Training.

For deatiled directions to our new venue, visit www.newarkbeacon.co.uk

 

View Article  ALM Training - Class of Winter 07-08

Students who qualified during the period covering Winter 07-08 receive their certificates at a special presentation ceremony. Presenting the certificates was DnA Group UK Chief Executive Mr Alan Monro.

View Article  Insurance Support Services - Short Story
Dwarf crime a 'growing problem'

Thieves are robbing long-distance coaches by sneaking dwarves into the luggage holds in sports bags.

Once inside, they slip out from their hiding places to rifle through the belongings of unsuspecting travellers.

Then they take their loot back to their hiding place and wait to be collected by another gang member when the coach reaches its destination, reports The Sun.

They have stolen thousands of pounds in cash, gems and other valuables in recent months.

Swebus, which ferries thousands of Brits across Sweden, has been among coach firms targeted.

A spokesman said: "We have had reports about several thefts by dwarves on the stretch between Vasteras and Stockholm.

"We're thinking of installing video cameras."

A Stockholm Police spokesman said: "We are looking at our records to identify criminals of limited stature."

www.ananova.com

 

View Article  ALM Training - Testimonial

From Adrian Of Cambridge

Dear Dean

 

Just a quick note to thank you all at ALM Training for an extremely informative and enjoyable course. I had been looking for a new career for sometime and had looked at this field for over a year now and I only wish I had made the decision earlier. Still better late than never.

 

I did speak with *** of Manchester however they lost me over the half interested receptionist whom I was discussing the details with. On arriving at your training centre I was more than relieved after reading some of the letters you had received from ex-*** people.

 

I feel confident in the knowledge you have given me to be a success in the field of investigation as well as the support you have promised at any time and I look forward to working alongside you for many years to come.

 

Once again thanks to everyone there.

 

Regards

 

Adrian

View Article  Accident Liability Management - Sobering Thoughts

SOBERING THOUGHTS ABOUT MOTOR VEHICLES

Over 30 million people have died in traffic crashes since the very first pedestrian death in 1898 and there was little improvement in traffic safety in the first half decade of the 21st century. In 2000 Road crashes killed over 40,000 people in the European Union and more than 1.3 million road crashes involved personal injury. 

Motor vehicle crashes contribute significantly to the burden of injury and deaths worldwide and risky driving behaviours, such as drink driving, speeding, driving and cell phone use and non-use of seatbelts are considered responsible for a significant proportion of this global burden

When a Sports Utility Vehicle (SUV) strikes a car in frontal impact, there are four driver fatalities in the car for every one driver fatality in the SUV. The problem is even worse in side crashes. When SUVs strike passenger cars on the side, there are 22 passenger car driver fatalities for every SUV driver fatality. This discrepancy is due to mass of the vehicles and the tendency for legs rather than torsos to be injured if you are in the SUV – you are likely to survive a broken leg, less so a ruptured liver!

Ageing of the population and its impact on traffic injuries and fatalities in the world, and increasing numbers of SUVs are reversing some of the recent improvements that have been made in road safety.

In North America and Europe popularity of SUVs, Pick up trucks and even heavier trucks including the military tank like the Hummer is soaring. An important reason for the popularity of SUVs is that people view them as providing better protection to their occupants in crashes.  This in reverse influences SUV and large pick up truck drivers who engage in risk taking behaviours such as non compliance of seat belts, speeding and driving while using cell phones, and a previous study has shown that drivers responded to the increased safety that seat belts provided by speeding excessively.  Rollover risk depends particularly on driver behaviour.  Speed choice and number of SUVs roll over crashes and fatalities are significantly higher in North American roads due to speeding related behaviour of SUV drivers. Seat belt use in automobiles reduces the risk of death by 45% and the risk of severe injury by 50%, while their use in light trucks lowers the risk of death by 60% and severe injury by 65%. In comparison, air bags reduce the risk of death by only 12%. Seat belt use has also been shown to decrease medical costs associated with motor vehicle crash-related injuries.

This research is of relevance to accident investigation experts, medical experts and counsel when clarifying how an accident occurred and explaining the extent of injuries.

View Article  Insurance Support Services - Fake Crash Gang

Police swoop on fake crash gang

Insurance scam claimed £500,000 for series of staged accidents

POLICE have launched a concerted attack on car insurance gangs believed to be responsible for staging bogus accidents that cost honest drivers up to £40 a year extra in average premiums.

In dawn raids across north London last week, accompanied by The Sunday Times, police arrested five men thought to be responsible for staging at least 57 crashes, for which they claimed around £500,000.

One man, arrested in his underpants, is believed to have used 15 aliases to open bank accounts, obtain credit cards, rent cars and file insurance claims, and to hold driving licences in two different names.

The operation by City of London police, codenamed Phantom, is the first in a series intended to halt a wave of 10,000 fraudulent accidents per year. Insurance firms pass on losses to honest motorists in increased premiums.

The London gang is alleged to have made false claims for accidents that never happened, or for staged accidents involving a supposedly high-value car that was in fact already a write-off.

In a staged accident, both drivers are gang members, with the driver of the less valuable car accepting liability for writing off the other.

Other cases involve “slamming”, in which gang members cause an accident involving an innocent motorist then use accomplices as “witnesses” to claim it was the other driver’s fault.

Gang members typically target a smart family car because they know it is likely to be properly insured. They drive in front of it before slamming on their brakes — possibly after disconnecting their own vehicle’s brake lights — causing the target to crash into the back of the gang’s car.

The London gang allegedly used a series of cars it claimed were high-value vehicles and fraudulently said they had been written off in accidents. Claims included £10,137 for a Mercedes 300, £8,693 for a Mazda MX-3 sports hatchback, and £4,176 for a Ford Mondeo saloon.

A typical example was the use of a Volvo in an alleged crash with a BMW X5 on the A40 on August 10, 2005. According to the BMW policyholder, he was driving through heavy traffic into London when he collided with the Volvo. Two weeks later a £4,176 claim was made under the BMW’s insurance for the total loss of the Volvo.

The BMW’s policy with Direct Line was only eight days old, while the Volvo was covered by Churchill Insurance and there had already been a claim on it two weeks before.

The address for the Volvo’s owner also appeared in multiple claims, but under different names and for different cars. A further check showed that the Volvo had appeared in claims filed in December 2004 with Tesco, in March 2005 with Axa and in May with Esure.

Soon after the accident, the owner of the BMW sold the car. DVLA records reveal that the new keeper shared the same address and phone number as the owner of the Volvo.

Operation Phantom began in June 2005 when a computer alerted Norwich Union, the insurance firm, to anomalies in 15 accident claims. Some related to policyholders with different names but the same address, while others had the same name and different addresses.

View Article  ALM Training - Investigators Regulation

SIA Partial Regulatory Impact Assessment (PRIA)

The SIA have published a PRIA on their website. However any regulation & training is still under a consultation phase and this PRIA sets out the main aims and general understanding behind any such regulation.

Of course licencing will apply to all areas of investigation under the proposed guidelines.

However, it is the competency issue which poses the biggest question. The proposed entry level qualification is being discussed at the moment with several organisations which includes ICCI with the awarding bodies who are working with the SIA.

You may be aware that the same type of licencing has taken place in other industries and the SIA have taken examples from such industries when looking at the criteria for investigators.

The financial services industry have an entry level qualification which is supplemented by further training and qualifications in specific products and tasks and the same will apply in this industry.

We have already consulted with work providers, who have stated that if an investigator approaches them who has just merely the entry level qualification it may not be enough to satisfy their criteria to provide work and the investigator may have to demonstrate further competency through specific qualifications in certain areas of their requirement.

The SIA will accredit centres throughout the UK to deliver the entry level qualification and those centres will have to be able to meet the criteria for delivering National Qualifications.

The basic level qualification will be developed around National occupational Standards ratified by QCA and available on the National Qualifications Framework. The ICCI have a meeting in September with the awarding body and other organisations to develop these units.

A further communicae will be posted on this website for Association members after that meeting has taken place.

In summary, the regulation of Investigators is a welcome move, the word investigator covers many disciplines and National Occupational Standards should be developed for all aspects of investigation so that investigators can show that they have met core competencies and thus promote confidence with work providers and the continuation of personal development through CPD and further training.

Dean Hyde Dip Sc FAPII

President ICCI

View Article  Lawyers Support Services - Compensation Bill Receives Royal Assent

The Compensation Act 2006 received Royal Assent on July 25th. The Act will regulate claims management services and those providing services, which will include Personal Injury Investigators, who will have to seek authorisation to carry out services in this regulated sector.

There has been a consultation paper released concerning the application form for authorisation and a proposed scale of fees.

The consultation will be concluded on the 18th Sept 2006. The College will post any further updates concerning this issue later in the year.

View Article  ALM Training Establish Army Links

ALM have undertaken a programme with the Army to train the Land Accident Investigation Team and Master Drivers. Many skills are widely taught throughout the MOD and ALM have been selected to enhance the skills of existing Army personnel and provide a civilian qualification in the process.

The first of 34 trainees started training in July 2007 and ALM have been very pleased with the results that the Army personnel have experienced so far and look forward to extending their contract to both the Navy and the Royal Air Force in due course.

View Article  Accident Liability Management - Health & Safety Lowdown

Health & Safety exposed as a non-priority by some employers

Employees in manufacturing were also exposing their employers to potential prosecution by failing to comply with health and safety legislation, claimed a report from City & Guilds.

The vocational education organisation found that 80% of employees in small and medium sized enterprises (SMEs) believed that up to a quarter of accidents were not reported to line managers.

One in twenty workers had witnessed an injury to the hand or finger – such as cutting or even losing a finger – while in the workplace. The number of major injuries sustained while handling, lifting or carrying, had also increased by 12% in 2004/2005.

In addition, the study found that 14% of workers were “not entirely confident” that their workplace was safe.

‘Collective responsibility’

Lynne Oliver, manufacturing and working practices specialist at City & Guilds, said: “The survey shows that Health & Safety Executive (HSE) guidelines are not always adhered to.

“Safety is the collective responsibility of both employees and businesses and can have serious implications for all involved.”

Almost one in ten employers told City & Guilds that health and safety was important to them, but that it was not a priority – despite the fact that a conviction could cost them their business.

The average fine for an HSE conviction in 2004-2005 was £8,368 and nearly one third (29%) of employers stated that a fine of £8,000 or more could seriously affect their ability to trade, or close the business.

Training needs

The study also revealed that almost half (47%) of employers were unaware of the forthcoming Corporate Manslaughter Bill which, if passed, would provide a more effective sanction for holding companies and other organisations responsible when gross negligence among management had fatal consequences.

On a more positive note, two-thirds of manufacturing SMEs (69%) were taking the initiative to prevent health and safety breaches by offering training to their staff. However, City & Guilds said there was “room for improvement” with 17% expressing a desire for health and safety guidance.

Lynne Oliver added: “Many employers are unaware that they can be fined even in cases where an incident has not taken place. In order to safeguard the wellbeing of employees and future of their business, manufacturing SMEs need to ensure that all employees keep abreast of HSE legislation and are vigilant in the workplace.

“If employees and employers in the manufacturing industry get the training right and share good practice, the whole community in which they work stands to benefit.”

View Article  Accident Liability Management - Pedestrian crossing where wife was run over & killed fails safety experts' tests

A businessman who claims his wife was killed on a pedestrian crossing because it was dangerous has been backed by traffic experts.

Moments after Leo Iravanian dropped his wife Iveta near her office and waved goodbye, she was knocked down by a coach as she walked in front of the fourth and final lane of traffic.

Now, after a three-month fight to prove that his safety conscious wife had not ignored the lights, he has discovered they failed to meet minimum safety standards.

Experts said the time pedestrians had to cross the road after the green man disappeared was less than half Department for Transport guidelines.

Anyone stepping on the crossing at the end of the green pedestrian phase would have only five seconds to reach safety before the green light for traffic came on.

But the 14.3-metre crossing should have a 12-second safety margin.

Mr Iravanian, 42, had already driven away when his wife was killed. He said: "I will never give up until I get justice for Iveta.

"My wife was very aware of her safety, she would never have gone through a red light.

"I didn’t know she had died. She didn’t deserve this."

Traffic lights

He and traffic engineers Morgan Tucker fear more crossings could fail to meet the recommended standards, putting other pedestrians in danger.

He added: "I was amazed by what I found out. I’m worried about someone else being killed. We are entitled to know we can cross the road safely."

Hungarian-born Mrs Iravanian, 33, was killed in February near Victoria Station.

To cross the road safely on her way to work, she walked to reach the crossing instead of dodging traffic where her husband had left her.

She was almost at the opposite pavement when she was hit by the National Express coach.

The crossing was a "signalised junction" for pedestrians and traffic, and had no flashing green man phase.

When the green man goes out there is a delay before the traffic light goes green for cars.

Pedestrians must not cross if they see the green man go out but there should be enough time to reach the other side if they are already crossing.

Police told Mr Iravanian, of Golders Green, North London, his wife must have ignored the red man on the traffic light telling pedestrians to wait.

But he refused to believe she would have been reckless. He contacted Transport For London to complain that a twisted signal could confuse pedestrians by showing them a red light meant for cars.

He also spent hours at the scene watching people cross, paid a private detective to find witnesses and hired road safety specialists Morgan Tucker to make an expert assessment of the crossing.

What he found heightened his fears. As well as an inadequate five-second pedestrian safety margin, the gap be-tween the traffic stop line and the crossing was too small.

The minimum gap should be two metres, but Morgan Tucker proved at its narrowest it was 80cm.

They said: "On three occasions pedestrians crossing towards the end of the green man period could not get to the other side of the crossing before the traffic phase had turned green.

"The behaviour of drivers was, in all cases, not to wait for them to complete the crossing but to start moving across."

The firm’s Steve Hall said: "There is a potential risk to pedestrian safety. To what extent that contributed to the accident we don’t know."

TfL said the crossing complied with old regulations but admitted they did not meet guidelines introduced in 2005.

He said they were among 400 lights being upgraded this year.

But he added: "We will defend any allegation that the timing of these lights was the cause of Mrs Iravanian’s death."

View Article  Insurance Support Services - Catch Me If You Can

Insurers have reacted angrily to accusations of under paying personal injury claims and have countered by arguing third-party capture helps halt spiralling costs but, as Sam Barrett explains, there are hopes of a truce

Accusations are flying in the personal injury arena. On one side, the claimant legal profession is insisting that liability insurers are under-settling cases where claimants do not have representation and the insurers are ‘dealing direct’. On the other, the insurers are saying that they have to resort to third-party capture to reduce the costs involved with legally represented claims and help safeguard premiums.

Although directly settled claims only make up a small proportion of all third-party claims, they are a growing phenomenon. No industry-wide figures are available, but most insurers say they make up less than 10% of all personal injury claims. “An increasing number of these claims are being settled direct, especially in motor, as it is easier to capture details of the injured party,” says Mike Noonan, head of strategic claims management at QBE.

Matthew Scott, head of liability claims and professional services at Axa, agrees: “We don’t do a lot of cold capture due to the fact that the majority of our business comes through intermediaries, but now that we have acquired Swiftcover, it might become more common,” he explains.

As with any legal case, there is evidence to support both sides’ claims. The legal profession’s evidence was aired at a meeting of the Draft Compensation (Exemptions) Order 2006 committee on 22 January, when Labour MP for south-west Wolverhampton Rob Marris produced evidence of under-settled claims in which the individual was initially not legally represented and dealt directly with the insurer of the wrong-doer.

Massive discrepancies

Of the two examples cited – which Mr Marris conceded at the time were extreme examples – one involved an individual who had been offered a settlement of £5000 when she dealt direct. She then sought legal advice and ended up receiving £150,000. A second case involved an initial offer of £4000, which ended up as a settlement of £165,000, once the individual had taken legal advice.

Mr Marris says: “This is not just insurance companies getting it slightly wrong, because the quantum that would be awarded by a court is more of an art than a science. When they get it wrong by 30 or 40 times, it suggests that something is very wrong.”

Martin Bare, partner at Morrish and Co and president of the Association of Personal Injury Lawyers, which is campaigning for strict guidelines to protect claimants, adds: “In total there were between 20 and 30 examples of cases that were presented to parliament. Whether this is the extent of the problem or just the tip of the iceberg remains to be seen, but I would like to see insurers stop this practice. Third-party capture cannot, in conscience, continue because of the fundamental conflict of interest.”

On the insurance industry’s side, the Association of British Insurers commissioned Frontier Economics last June to undertake research into the outcomes for both legally represented and unrepresented claimants in seeking personal injury compensation.

Using a dataset of more than 100,000 claimants from different insurance companies, Frontier Economics found that the average unrepresented net compensation was £5766 – compared with £5477 for represented net compensation. Additionally, the average length of time it took to settle a claim was shorter for unrepresented claims, taking 503 days compared with 598 for represented claims.

In addition to pointing to this research, the insurers argue that it is not in their interest to under-settle these direct cases. “When we deal direct, we tend to be more generous as we don’t want to be seen to be acting unfairly,” says Graham Gibson, director of claims at Groupama. “Insurers are careful – almost paranoid – about preventing themselves being regarded as acting unfairly.”

More money in the pot

From a financial perspective, it could be argued that without legal costs, insurers can afford to pay slightly more to these claimants. Dominic Clayden, director of technical and liability claims at Norwich Union, stands by the industry’s long-held assertion that costs are disproportionate in injury claims. “Out of every £100, £40 goes in costs. This doesn’t seem fair and ultimately it has to be added on to premiums,” he says.

For his part, Andrew Parker, head of strategic litigation at defendant law firm Beachcroft, believes this ‘simpler’ method of settling claims is good for the market. “These cases are predominantly low value, with the majority of them less than £10,000. You do need to think carefully about whether we need to argue about the value, especially where there’s no disagreement on liability,” he explains.

He believes the claimant lawyers’ protestations regarding under-settlement are simply a smokescreen to divert attention away from the proposals in the Department for Constitutional Affairs’ consultation paper (now the Ministry of Justice) on the reform of the compensation process – which was finally published on 20 April. “The proposals for fixed fees mean that some claimant lawyers stand to lose a lot if they’re brought in,” he adds.

In their defence, insurers also point to the controls they have in place to ensure these unrepresented claimants are dealt with fairly. For example, at Norwich Union details of the injury are entered into a computer, which can then translate it into a financial settlement. And Mr Clayden adds that with cases where the settlement would be above £5000, the insurer will insist on legal representation, although not everyone wants this.

At QBE, this £5000 trigger also comes into play for informing the claimant that they might benefit from legal representation. Mr Noonan adds that the insurer is moving to an assessment model that will automatically screen out claims where there could be issues. “Head and back injuries can become much more complicated, as can ones involving occupational ill health, and we will recommend legal representation in these instances. Similarly, if we feel the individual is vulnerable we’ll also exclude them from direct settlements,” he explains. “This could be the case where the claimant is very young or old, or there are language issues.”

He says that when a settlement is offered QBE provides the claimant with an information pack, which outlines how the figure has been determined. This refers to figures taken from the Judicial Studies Board or relevant case law.

But Tom Jones, partner at Thompsons Solicitors, is unhappy that the individual is left to assess the settlement themselves. “Consumers don’t have the knowledge to assess whether they are being offered a fair settlement. This type of situation only happens once and they have nothing to go on apart from what they’re told,” he says.

Bavita Rai, head of litigation operations at Weightmans, believes there is a need for best practice to be introduced to avoid this situation. “Direct settlement is a natural development. There may be scope for a conflict of interest, but insurers can address this by providing enough information for the injured party to make an informed decision at an early stage,” she says. “We would welcome a tariff or online valuation tool, which can only add to the process by making it more transparent.”

To counter claims of ‘unscrupulous’ practice, insurers also insist that the right to legal representation is reiterated throughout negotiations. “We point out that they have a right to see a solicitor when we deal with them and remind them again of this right when we make an offer, as a solicitor could check their settlement for them,” says Steve Thomas, UK technical claims manager at Zurich.

However, as well as his examples of potential under-settlement, Mr Marris has evidence that the insurers are not always making it clear that the individual has this right. To demonstrate this he produced a letter – at the January committee meeting – from Sainsbury’s Bank that had been sent to a trade union member involved in an accident. This letter stated that, although other parties can arrange medical reports for the third-party claimant, “there are numerous benefits in allowing our trained staff to process your claim”.

Additionally, claimant solicitors are concerned that, even where insurers do flag up the right to legal representation, a conflict of interest can still exist when the insurer recommends a particular legal firm. “I’d question the real independence of firms that are provided with cases by an organisation and then expected to fight that same organisation,” says Mr Jones.

Although it could still attract cries of conflict of interest, one way round this might be to use a resolution service that can provide access to independent advice. For example, Axa uses Inter Resolve to deal with some of its third-party personal injury claims. “I don’t think it’s always necessary to have full representation but the claimant should always have access to independent legal advice, if only to tell them they’re receiving the right settlement,” says Peter Ashdown-Barr, chief executive of Inter Resolve, adding that this would also ensure that the insurer was not accused of foul play.

Another concern for those suspicious of insurers’ motives is the regulatory status of third-party capture as a claims management activity. The Financial Services Authority’s remit does not technically extend to these third- party claimants. “Strictly speaking, the FSA’s rules don’t require us to treat a third party as a customer,” says Mr Scott, “but it does require us to deal fairly and openly with them.”

While insurers are happy with the current situation – pointing to the reputational risk if they do not treat claimants fairly as well as the case of Horry v Tate & Lyle – Bridget Prentice, parliamentary under-secretary of state for constitutional affairs, has pushed this issue forward. At the beginning of the year, she drew the FSA’s attention to insurers’ exemption from DCA regulation for their claims management activities, but confirmed at the January meeting that the FSA has met with claimant representatives on the issue of third-party capture, is aware of the evidence suggesting under-settlement and the allegations of impropriety, and reported that it had said it would consider the evidence before deciding on the need for any additional rules.

So, four months on, what is the financial regulator’s position? Robin Gordon Walker, spokesman for the FSA, does not believe Ms Prentice’s enquiry will result in any changes in the near future. “We will respond in due course, but I can’t see how we could make the changes necessary to address this, especially given the current work we’re undertaking to reduce the regulatory burden,” he explains.

Addressing the issue

Proposals in the DCA’s consultation paper on the reform of the compensation process may help to address this. “The proposals do envisage direct dealing as part of the compensation process,” says Roy Hebburn, divisional claims manager at Allianz Insurance. Indeed, as well as referring to this practice in paragraph 70 (see box below) the consultation paper also includes a proposed claim form for unrepresented claimants.

Speaking from the injured party’s perspective, Mr Bare is also generally pleased with the consultation paper. “It’s good to see it is placing independent legal advice at the centre of the process. Claimants are one-time consumers of personal injury advice and they need it to be independent to be able to make an informed decision,” he says.

So while each side will argue about the finer points of the proposals, both camps agree that it should bring benefits. “It’s been a long time coming and there are still some areas that need work but it should bring some real advantages for the claimant,” says Mr Parker. These advantages should include faster settlements, greater use of rehabilitation, as well as potential cost savings that can be passed on to policyholders in the shape of reduced premiums.

The industry has until 13 July to respond to the DCA’s consultation paper and a further paper outlining the final proposals is expected in September with the new regime expected by Easter next year.

THE DCA’S CONSULTATION PAPERPARAGRAPH 70 “Where offers are made by defendants/insurers to claimants in person, including those that have made no direct claim, but have been subject to third-party capture, they should be provided with the information needed to enable them to make an informed decision. It is proposed, therefore, that when an offer is made to a claimant in person, he or she should be informed of the set time period in which they can accept or reject the offer and that if the offer is accepted, there can be no further claim. Claimants in person should also be informed of their right to seek independent legal advice from a solicitor or from their trade union if they, or a member of the family, is a trade union member.”

View Article  ALM Training - Testimonial

From John Of Gloucester

Dear Dean & Lin

 

Please accept my thanks for the excellent course in accident investigation studies.

 

I found all aspects of the course to be informative and well constructed.

 

The elements associated with Road Traffic collisions were enlightening and very interesting. 

 

Accidents at work is a very complex subject but the instruction given will allow students who have completed the course a sound understanding of investigation procedures and regulations that need to be considered.

  

I thank you and all your staff for the excellent itinerary and I have no doubt the after course support will also be first class,  I look forward to working with the College in the future.

 

 

Yours faithfully

 

John

View Article  ALM Training - Testimonial
From Iain Of Wiltshire
 
Dean hi,
 
A firm has been in touch with me. I have been to 2 cases with them and at present I am typing out the witness statements for them. They seem keen to use my services, and they seem to be the type of people to work for.
Thank you for putting my name forward to them, could work out well, I'll let you know.
 
Iain