OPINION PIECE
RTA Portal changes must focus on early intervention
Changes to the RTA Portal system that came into effect from April now mean that
low end personal injury claims, including those for whiplash injuries, are no longer as
profitable to solicitors.
There has been much debate about the consequences of reducing the fixed
recoverable costs for RTA Portal claims up to £10,000 from £1,200 to £500 and the
effect it will have on the legal industry.
Some media reports have even gone so far as to suggest that it could cause a moral
dilemma and incentivise ‘bad behaviour’, potentially affecting the reputation of PI
lawyers who might feel the pressure to encourage clients to accept the first offer in
order to close the case earlier.
Of course these types of cases need to be dealt with quickly and efficiently so the
admin cost to solicitors is reduced, but the health outcome, quality of life and
ultimate satisfaction of injured parties is not just about the quantum of
compensation they receive.
What is now required is a constructive discussion on how the injured party can best
be restored to their pre-accident state as quickly as possible.
Here, early intervention is the key. These current reforms are inevitably placing a
necessary emphasis on the importance of prompt and effective medical assessment
and treatment, and efficient claims management processes.
Medical assessment to determine an appropriate care pathway at an early stage
helps the injured party return to their pre-accident state more quickly, has
demonstrably better outcomes for them, and can lead to a significant reduction in
case durations.
This approach can lead to a faster turnaround which has obvious benefits for the
injured party but also for solicitors who can reduce the administrative burden on
their fee earners.
When it comes to personal injury cases, there is no one-size-fits-all solution. For
whiplash claims, for example, a care pathway can range from self-help and videos to
multiple physiotherapy sessions, but only an early medical assessment can
determine what the most appropriate course of action should be. It’s about not just
giving all injured people the same intervention.
Solicitors can add value to the claimant’s experience by initiating an assessment to
determine an appropriate care pathway and instructing the necessary medico-legal
report simultaneously. This avoids the dangers of delays in assessment and
treatment intervention which can often lead to over-medicalising and over treating
conditions down the line.
Adopting this approach means there are fewer touch points, the admin burden is
decreased and case durations reduced, whilst allowing solicitors to prioritise the
needs of the client and focus time on their own legal expertise.
The choice of outsourced medical/treatment providers is important in achieving these
potential productivity gains.
The likely extension of the RTA Portal in July to include employers’ liability (EL) and
public liability (PL) will give a more consistent process to all personal injury claims
and hopefully bring an increased focus on early intervention.
The timelines for acceptance of liability look very tight, particularly for the public
sector. It will be interesting to see what proportion of claims remain within the portal
process.
However, we know from experience that early intervention and rehabilitation in EL
and PL cases has been of great benefit to the injured parties.
The focus that the RTA Portal changes have thrown on this issue can result in the
best possible outcomes for both solicitors and clients alike.
Keith Bushnell is chief executive of Health & Case Management Ltd (HCML).
Attachment – image of Keith Bushnell
ENDS
May 2013
For further press information, please contact:
Jane Waghorn or Max Hammond at Gravitas Public Relations, 7 Lansdown Place,
Cheltenham, GLOS GL50 2HU Tel: 01242 211000 / 07713 514289
E: jane.waghorn@gravitaspr.co.uk or max@gravitaspr.co.uk.