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Personal Injury Claims Process During the Current Covid-19 Pandemic

Published on 1 April 2020 | Modified on 1 April 2020

Written by Stacey Bennett

Poole Alcock LLP have signed up to an industry wide Protocol aimed to assist all Parties during this uncertain period.

The Protocol has been signed by various firms of Solicitors, along with the Association of British Insurers and insurance companies. The Protocol aims to minimise the level of disruption caused to ongoing cases whilst all Parties are working from home and as such, experiencing new challenges in relation to their working methods. It recognises that the pandemic could provide opportunities for both sides to opportunistically gain an unfair advantage by for example, taking advantage of missed deadlines.

It goes without saying that such practice would be incredibly unfair in the circumstances and as such, the signatories to the Protocol all agree not to behave in an opportunistic way during the Covid-19 pandemic lockdown.

It has been agreed that all limitation dates can be frozen if needs be and Claimants have agreed to respond constructively to Defendant requests for extensions of time to serve a Defence.

There is also an escalation process whereby a Party’s behaviour can be escalated to senior management within the respective organisation to ensure compliance with the Protocol.

The Protocol has been put into effect immediately for an initial period of four weeks (until 20th April 2020) with a review to extend the period further.

The landscape of a personal injury claim has changed very quickly in light of the Covid-19 Pandemic and it is certainly encouraging to see all Parties agreeing to act fairly in such uncertain circumstances.

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