CH 11 CLAIMS Flashcards
It’s whose responsibility to prove that the claim is valid
It’s the insured
What do insureds provide to prove validity of a claim
- That an insured peril arose
- The amount of the loss
To show that an insured peril arose, what must they prove
An insured must prove that they have suffered a loss directly caused by the insured peril
In which form can you find the proof of loss, filled by the insured
The form of a completed claim form
To show the amount of the loss what must they prove
Where the policy is of indemnity, insured must prove that they have suffered a financial loss and identify the amount of the loss suffered
The proof from the insured of the financial loss suffered might take the form of
- purchase receipt
- a repair amount
- a valuation
When does the onus of proof of loss rest with the insurer
If the insurer wishes to decline to pay a claim because of the operation of an exclusion in the policy terms. Thus onus is upon the insurer to prove that the exclusion applies
During a claim validity process, what is the responsibility of the insurer
- to ensure that the cover is in force at the time of the loss
- the insured is that named in the policy/person to be indemnified
- the peril/event is covered by the policy
- insured has taken reasonable steps to minimize the loss
- conditions and warranties are complied with
- duty of fair presentation hasn’t been breached
- no exceptions are appropriate
- the value of the loss is reasonable
There are situations in which claim is valid,but is partially met. This would a result of
- Insured’s choice as in the case of first loss policy
- An imposed policy term i.e. compulsory excess
- Poor insurance arrangments
How do Sum insured/limit of liability lead to claim being partially met
This occurs if the measurement of indemnity following a loss is greater than the sum.limit, thus insured’s recovery is limited to this sum/limit
How does the operation of the average clause lead to claim being partially met
In the case of under insurance of property insurance, the insurer may apply average to any claim put forward, and pay a proportion of the insured’s loss
What is Ex gratia
These are payments made by the insurer “out of favour”, it acquires no subrogation rights as they only flow from an indemnity payment
Duties of the insured after a loss are divided into two which are
Implied duties and Express Duties
What are some of the implied duties of the insured after a loss
These are not necessarily found in the policy wording but are imposed at common law
- insured should act as though uninsured,and take reasonable steps to minimize the loss
- may be required to advice appropriate authorities in the event of loss
- must take all steps to prevent loss from spreading
- must not hinder insurer in the claim investigation process
What are express duties
They are written into contract and are usually found as claim conditions in the policy.
A breach of express duties/claim conditions lead to
The insurer to repudiate the particular claim
What is claim procedure or action by the insured
This is also known as the Notification condition, which is a condition that sets out duties of the insured on happening of the event insured against
So basically express duties will require the insured to
- prompt notification to the insurer
- involvement of the police
- reasonable prevention of further damage
- proof and detail of loss in writing with a certain time scale
When is a claim form issued
Once insurer is advised of a claim by the insured,then the insurer will issue it
What are the purposes of a claim form
- establish whether the insured is entitled to indemnity under the policy
- provide enough information to allow insurer to process the claim
- enable insurer to take a view as to the severity interms of the potential cost of the claim
- enable insurers to take preliminary view on whether there is likely to be a claim from third party
- enable the insurer to consider whether any potential recovery rights may exist
How can the claim forms be completed
They can be completed online, with help of special mobile apps and can be completed manually by printing them
How are sufficient information on claim collected by motor and household insurance
They can be collected over the phone-through the use of a freephone helpline or claim line facility
Claim form in Motor insurance is known as
Accident Report Form
Why is it known as an Accident Report Form, rather than Claim form
In motor insurance it is a policy condition that all accidents are to be reported to the insurer irrespective of whether or not insured intend to make a claim
What are the advantages of using specialized claim apps for the insured
- to make a claim using a helpful step by step guide found in the app
- having all the insurance phone numbers required to hand
- by allowing them to save the claim for later/send it straight to the insurer
- allowing them to send any claim document, insurer has requested
For Motor accident, the claims app assist the insurer by
- use GPS to show the insurer exactly where the accident occurred
- upload photos of any damage to the vehicle and where it occurred
- take down address and name of anyone who saw it happen
For household claim, the claims app assist the insurer by
- stores copies of receipt’s and warranties safe for the insured’s in one place
- the insured can make use of their phone’s camera to show damage to their home and belongings
On the receipt of the completed claim forms what must the insurer do next
They must check the form against the policy records and underwriting department to ensure policy is in force and the peril is covered. They must also check the answers in the claim form with those in the proposal form in order to ensure no breach of duty of fair presentation
After checking the claim for and being satisfied with the results, what’s the next move
They must ensure that the value loss is reasonable
How does the insurer ensure that the value loss is correct
This is achieved by number of means
- including the experience of the claim staff
- looking at catalogs
- price list
- reference books
- referring to the experts in the insurance field
How are small domestic claims dealt with
They are dealt with quite rapidly by in house claims staff, if the claim form is correctly filled in and all is in order
How are Larger and complicated claims dealt with
A claim officials might visit the claimant to inspect the damage and for complicated claims a loss adjuster is generally used
What are some of the supporting evidence needed for Motor claims
A vehicle registration document in the event of a total loss
What are some of the supporting evidence needed for Accident claims
In a factory accident, it’s desirable to obtain engineer’s report, including scale plans and photographs
What are some of the supporting evidence needed for personal injury and sickness claims
Medical evidence/ doctor’s certificate is essential
What are some of the supporting evidence needed for theft claims
Compare details of the property stolen as given to the claim form with the list given by the insured to the police
Who are Loss adjusters
They are independent and professionally qualified to handle complex claims/investigation/negotiations and settlement process. They act on the behalf of the insurer, thus fees paid by them
How do loss adjuster process claims
They process claim from start to finish
How do loss adjuster ensure that insurers interest is preserved
They do this by checking that the cover is in force and was adequate at the time of the loss
Who is a loss assessor
This is a person/firm that is employed as an expert by the insured to assist in the preparation of the cost. Fees are covered by the insured
What is contribution
Only applies to policies of indemnity, this is the right of an insurer to call on other insurers similarly but not necessary equally, liable to the same insured to share the loss of an indemnity payment
How is the principle of contribution modified
It is modified by the contribution condition found in all non-marine policies, limiting insurers liability to their related proportion of the loss,whilst other policies exist
How do insurers know that the insured has other insurances in force
There is always a question specifically relating to the existence of other polices on insurers claim forms
A typical basic formula for contribution is
sum insured by individual insurer/total sum insured * loss
When does the average condition apply
Notably in property insurance, if the sum insured is not enough to cover the full value of the risk insured i.e. under insurance
In averaging what does the insurer pay
The insurer pays a proportion of the loss based on the relationship between the sum insured and the full value of the risk insured
What is the average formular
Sum Inusred/Value at risk *Loss
Can averaging be applied to liability and money policies
No t because the insured has simply chosen a limit of indemnity. This is can be applied to property and business interruption insurance that have sum insured
Under common law when can an insurer takeover the subrogation rights
Until the insured has been fully indemnified under the policy
When can an insured acquire subrogation rights
under the terms of a statute or contract that has been entered
When can an insurer exercise subrogation rights
Insurers can immediately pursue their rights and doesn’t have to wait until the claim has been settled
Insurers are entitled to begin pursuing recovery rights before a claim payment under the subrogation condition, however when are they entitled to receive the payment
They are not entitled to to obtain the amount of the recovery until they have actually paid the insured’s claim
What is an arbitration clause
This clause deals with disputes which arise as to the amount to be paid in a claim settlement under a policy
What is arbitration clause not similar to
It is not similar to the disputes as to whether or not liability exist
When there is a dispute of the amount of claim to be paid who is appointed
An arbitrator is appointed by the two parties in accordance with the current statutory provisions
What are the benefits of using Alternative Dispute Resolution (ADR)
- Speed of completion
- it can be timed to suit the parties
- it is less costly than proceeding through the court trial
- settlements are confidential between the parties, there is no public record
The two principle forms of ADR, less formal than arbitration are
- Mediation
- Conciliation
Decision made by the arbitrator is
The decision is usually binding between both parties
What does the Civil Procedure Rules(CPR)
Courts have a duty to encourage parties to use Alternative Dispute Resolution procedure and to facilitate the use of it where the court deems it appropriate
What is Mediation
This is a dispute resolution process, where by the parties choose to participate and any agreement reached to settle is made solely by the parties, the mediator act as a facilitator and is selected by the parties but makes no decisions
What is the mediators job in mediation
They help the parties understand the dispute and in particular ensure that each party fully understands the other’s position, thus helping them reach a dispute settlement agreement
What us Conciliation
Similar to mediation but the conciliator’s role is to lead the parties into a settlement
For Conciliation as an ADR, what do the parties have to agree with prior to using it
The have to agree that they will be bound by the conciliator’s recommendations, thus they will not usually have any recourse for a more formal court system later
If a matter is bought to the court, what can they chose to do
They can refer matters before them to ADR processes,if they feel it is appropriate
What are the advantages of ABI personal effects contribution agreement
- it avoids adverse publicity and criticism of the insurance industry caused by insurers referring policyholders to other insurers for payment of part or all the claim
- avoid costly and time consuming handling and small contribution payment amount
- sets rules of contribution between the participating insurers
The ABI personal effects contribution agreement
Deals with claim for the loss of personal effects covered by two or mote policies.
What do the ABI personal effect contribution agreement, rule on Motor accident/thefts
There shall be no contribution request from other insurers, claims of personal effects lost/damaged in motor accidents/stolen from vehicles will be settled by the insurer whom the claim is made to subject to the policy limit
What do the ABI personal effect contribution agreement, rule on specified items
Generally there is no contribution, insurer of the specified item will meet the claim unless the item is specified under another policy, then they can settle the claim and recover a contribution from the other insurer
What do the ABI personal effect contribution agreement, rule on All other circumstances
Contribution is required. Insurer by whom the claim is made against will settle the claim, they may recover a contribution from other liable insurers if the amount exceeds 200 pounds
In non-motor policies,The no claim discount provision will not be prejudiced
If a payment is made to another insurer in reimbursement under the terms of agreement
What are Bi lateral Agreements
These are agreements made by insurers operating in the same market, engaging with similar like minded insurers, making it easy to communicate with each other on claims involving subrogation and contribution
The Motor Insurers Bureau is agreement between who
The Government and Motor Insurers
How does the Motor Insurers Bureau operate
It operates as a central fund to provide compensation for injury/damage following a motor accident where it can’t be obtained from another source
Which liabilities is the Motor Insurers Bureau concerned with
The Road Traffic Act Liabilities
How does the Motor Insurers Bureau maintain its funds
By a levy on member companies
The Motor Insurers Bureau operates under two agreements
- untraced drivers agreement
- uninsured drivers agreement
Why does the uninsured driver agreement exist
In situations where an uninsured driver cause injury/damage in an accident, thus leaving no insurance in place to provide compensation to the third party, then it will step in to settle or ensure settlement of unsatisfied court judgement were damages are awarded to third parties personal injury or damage to property
When do MIB members agree to pay for uninsured drivers damage
Where an unsatisfied judgment is against an individual who had a policy in force with that member at the time of the accident but which owing to a breach of its terms, doesn’t indemnify the motorist involved
For MIB payment to third parties damage to property and injury claims are there any excesses
No excess does not apply
How do some comprehensive policies offer extra protection from being hit by uninsured drivers
- by waiving excess
- by protecting insured’s no claim bonus when they are hit by uninsured drivers
What information is an insured supposed to provide when hit by an uninsured driver
- vehicle registration number
- Make and model of the vehicle
- Drivers contact details
- if possible name and addresses of the witnesses to confirm assault
If the insured has a third party. third party fire and theft and gets into an accident caused by uninsured driver then
The insured is unable to claim in their own insurance and have to rely on the MIB procedure
If third party insured causes an accident with uninsured party then
The insured will be responsible for repair costs to their vehicle and the uninsured vehicle(covered by the insureds third party insurance)
Untraced Drivers agreement deals with
It covers hit and run,where the motorist involved in the accident can’t be traced
untraced drivers agreement covers
It covers both death and personal injury
The MIB will make payments for untraced drivers agreement when
The untraced motorist would be liable to pay damages tot he accident victim in respect of death or injury
What is the limit for third party property damages of MIB
1.2 million pounds and unlimited for third party death or injury
According to the MIB significant personal injury relates to
- one that results to death
- one for which 4 or more days of consecutive in patient treatment in a hospital, the treatment starting within 30 days of the accident
MIB untraced driver agreement compensation is subject to what excess
Minimum of 300 pounds
For compensations done by MIB for untraced drivers, who does MIB appoint to deal with the negotiations
In this case as there are no insurers concerned, they will appoint an MIB member on rota basis
How are the claims for untraced drivers funded
A levy is imposed on MIB members
What are the new agreements 2017 for untraced drivers agreement
- no exclusions for vehicle damage, where vehicle damaged was uninsured
- damage to property excess 400 pounds
- damage to property is recoverable provided it’s accompanied by significant injury
- Significant injury is defined as death/injury from two or more nights of inpatient treatment or three sessions or more of hospital out-patient treatment
- claimant is required to report the accident to the police as soon as reasonably if requested by the MIB. And can request an appeal if the report is unreasonable
- interest on general damages run from the date of the accident
- no exclusion for death/injury/damages in the course of the terrorism
- awards to children and protected parties are subject to approval by arbitrator in all cases
- MIB is not liable for a claim where a claimant has received or entitled to receive indemnity from any person other than criminal injuries compensation authority
- There is a scale of fixed costs
- MIB can’t ask for a lower award where there is an appeal against the original award
- provisions for the costs of arbitration
What are the changes that the new agreement 2017 bought to uninsured drivers agreement
- exclusion of liability for damage to a vehicle that was uninsured
- terrorism exclusion
How many ways can insurer settle a claim
- Money Payment
- Repairs payment
- Replacement
- Reinstatement
- Third parties payment
When do Reinstatement and replacement occur
They can only occur if stated in the policy,if not then the insured is entitled to financial compensation
Which is the most common way of settling claims
Payment of money
By what means are cash payment
Cheque or bank transfer
Which policies are always paid out in cash payment
Most commonly liability, business interruption and certain other types of insurance
In the case of liability insurance other than employer’s liability how is payment made
Payment is made to the third party and not the insurer
When a payment is made to the party other than the insured, what will the insurer require
They will require a form of discharge by the recipient of the money,stating payment is in full and final settlement of the claim to avoid a possibility of claim being re opened
how does payment of repairs wirk
insurer will ask for a written estimate of the repair and then pay the repair cost direct to the repairers
If the size of the repair is large like in Motor, what shall the insurer do
They will appoint a specialist to advise them on the matter of repair. In motor repairs are often by utilizing authorized repairers
Replacement is commonly used in which insurance
It’s used in glass insurance
What do glaziers offer insurers
They offer favorable discounts to insurers on replacement of glass, as they are given large amount of business by the insurers
When is Reinstatement used
Not common around insurers,it is used in the case of extensive damage or complete destruction let’s say a building, insurers take control of the repair and rebuilding themselves
Why is is reinstatement not seldom a course of action
This is because insurers accepting the responsibility to pay the full amount even when it exceeds the sum insured
Third Parties(Rights against Insurers)Act 2010 before Insurance Act 2015 amendment took into account
Took into account changes in insolvency laws, its main purpose was to simplify compensation procedures when an insured becomes insolvent
Under Third Parties (Rights against insurers )Act 2010, what is the third party not required to do
They don’t need to obtain judgement against the insolvent insured before issuing a claim against the insurers
Under Third Parties (Rights against insurers )Act 2010,the liability of the insured to the insurer must
the liability must be established before any rights against the insurers can be enforced, this is achieved by Court declaration
On insurers defense under the third parties (rights against insurers)Act 2010 what does this Act restrict
It restricts the reliance on policy condition that the insured is required to fulfill like notifications and claim cooperation provisions, so as to not penalize third parties for detrimental conduct of the insured
What is the pay first clause
The insured is required to pay sums due to the third party before claiming under policy
What does the Third Parties(Rights against Insurers)Act 2010 render pay first clause
It renders this clause ineffective
Third Parties(Rights against Insurers)Act 2010 prevent the use of limitation defenses. What are limitation defenses
This is a situation where by proceedings start against the insured during the limitation period but proceedings for declaration against the insurers fall outside the limitation period
Under Third Parties(Rights against Insurers)Act 2010,third party can request for documents from the insured when they believe that
- a person is liable
- that person has insurance
- the right to claim has transferred to the third party
Under Third Parties(Rights against Insurers)Act 2010, third party can request information from the insurers, within how many days should they be answered
Within 28 Days, information should also include whether the insurer told the insured that will not pay the liability of the claim under the policy
In which situations to the Third Parties(Rights against Insurers)Act 1930 still apply
It continues if both the insured’s liability and entry to formal insolvency process occurred before 01/08/2016
Under Third Parties(Rights against Insurers)Act 2010 what happens if a third party makes a claim against a dissolved insured company
The dissolved insured company doesn’t need to be restored to the register of companies for its insurers to be pursed
In situations where both the insured and insurer are insolvent then
If eligible, third party claimant can claim under the Financial Services Compensation Scheme (FSSCS)
Enterprise Act 2016 amended by the Insurance act 2015 states that
Re insurers/Insurers should pay their sums due following a claim in reasonable time, if not it gives policyholders the right to claim damages if re insurer/insurer’s unreasonable delay causes additional loss
When the insurer pays total loss of an item, who is entitled of the salvage
Under property/Motor Insurance policy, if the insurer pays total loss then they are entitled to receive the benefit of the salvage
In Motor Insurance if the insurer keeps the salvage,what do they do with it
They sell it through Specialist Salvage Company to minimize claims cost
What happens to the claim payment if the insured is allowed to retain the salvage
The claim payment is reduced accordingly because if they were to retain both they would receive in total more than an indemnity settlement
What condition do most insurers put in their policy wordings
Following a settlement of a c claim, any salvage becomes property of the insurer
Why is accuracy in reserving claims very important
- insurers are required to submit financial statement each year to the PRA,these statements feature outstanding claims
- Estimated claim costs, when added to the cost of claims already paid out provides the underwriter with information needed to set adequate premium rates for each class of b’ness
- If this important element of liability is kept up to date and adequately estimated, then the insurers profitability can be clearly seen at anytime
Accurate claim reserving for an insurer will involve
- examining past data claims, including claim amounts
- using these past data and trends to take into account of changes in the law/inflation and other eternal influences to forecast projected costs
At case level,what are the claim handlers required to do
They need to examine each individual claim and asses its value, and this assessment needs to be reviewed and updated regularly as the claim progresses and more information on the claim is available
What are the methods of Claims Recovery
- Contribution
- Subrogation
- Rights of Recovery
For where there is Contribution, how does an insurer recover from other insurers that also cover the same loss
Insurer will write to the other insurers setting out all the particulars of the claim, including copies of the claim form and relevant paper work like invoices
For Subrogation how do the insurers recover their claim
They will generally contact the third party immediately with a letter setting out the reason it believes the third party is at fault. They prefer to deal with other insurers thus will request to forward it to their own insurer immediately
What is the speed of recovery for monies for subrogation
It will depend on how straightforward the case i.e if third party insurer accepts the liability or not
When does Right of recovery arise
This situation arises where the lost/stolen item is found after the insurer has settled the insurers claim
For when rights of recovery is used, in practice what does the insurer prefer
They prefer to have their claim reimbursed and the insured to keep the recovered item, but this is sometimes not practical if the insured has replaced the item with the amount from the claim payment
What opinion did the FOS offer on Recovery of Rights
The insured should always be given the option of first refusal
What does the insurer do with the item recovered
The insurer can sell it a salvage and set monies received against claim costs
ABI estimated how much money goes undetected on fraud
1.3 billion pounds
How much do insurers invest each year to identity fraud
200 million pounds
What ABI’s figures also revealed
- Fraudulent Motor Insurance Claims rose to 775 million pounds in 2016- 67,000 cases
- Organised frauds fell down 22% on 2016 frauds worth 158 million pounds
- Cases of 449,000 of confirmed or suspected application fraud
- Fraudulent property insurance claims fell - down by 11% in 2016 value of 100 million pounds 22,000 cases
What are organised Frauds
Like staged Motor Accidents
What is application fraud
People lying or withholding information to try and get a cheaper cover
The decrease in organised fraud was the reflection of whose work
It was the reflection of the work of the Insurance Fraud Bureau and Insurance Fraud Enforcement Department
What do fraudulent claims include
- bogus claims
- misrepresentation of claims
- inflated claims
- multiple claims
In the case of fraud when do insurers report to the ABI
Where there has been a conviction or caution issued or where there is a compelling evidence of fraud
What do the ABI’s fraud statistics provide
They provide an indication of the volume and value of fraud detected by the industry
What did the Insurance ACT 2015 clarify on what the insurer should do in the case of fraudulent claims
The insurer is not held liable to the claim and if any claim has been made in relation to the fraudulent claim are recoverable by the insurer and is entitled to refuse all claims occurring after the fraudulence act and after giving the insured a notice may treat the contract as terminated with effect from the time of the fraudulent act
When does termination of a contract affect insurer’s liability
It will affect insurer’s liability under contract for claims occurring after a fraudulent act and not before, all the prior claims are payable
What happens after contract is terminated due to fraudulent acts
Premium are non-refundable at the discretion of the insurer
What are the three bodies that deal with Fraud Prevention
- The Insurance Fraud Bureau
- The Insurance Fraud Investigators Group
- The Insurance Fraud Register
What is the Insurance Fraud Bureau
It’s a not-for-profit organisation funded by the insurance industry, focusing on detecting and preventing organised and cross country insurance fraud
What is the insurance fraud bureau (IFB)current focus
It current focus is on personal lines i.e. motor/home/personal injury claims
What is the Insurance Fraud Investigators Group (IFIG)
this a members’ not-for profit organisation dedicated to the detection and prevention of insurance fraud
What is the aim of insurance Fraud Investigators group
It aims to tackle the growing problem of insurance fraud in the U K and disrupt insurance fraudster
What is the Insurance Fraud Register(IFR)
This complements the work of the Insurance Fraud Bureau in detecting fraud and Insurance Fraud Investigators group in prosecuting fraudsters
How does the Insurance Fraud Register work
It will add identity of an individual/policyholder/third party/suppliers/professional enablers all who have shown to have acted in a fraudulent manner towards the insurer in their database
How does the insurance fraud register load their data
Data must be done in accordance with clearly documented set of rules and compliance with these is mandatory for all users
How many people in the insurance market utilize the Insurance Fraud Register
Over 50% of general Insurance Market and their is ongoing work to bring on board a size able proportion of the remaining market
The Insurance Fraud Bureau and The Insurance Fraud Register is composed of
Essentially Insurer’s Organization
The Insurance Fraud Investigators Group is composed of
Draws its membership from insurers/investigators/loss adjusters/lawyer /law enforcement agencies
Which organisation was acknowledged by the government as Specified Anti-fraud organisation
The Insurance Fraud Investigators Group for the first time by the gov’t under the Serous Crime Act 2007
In 2017 a new governance structure was announced encompassing
The Insurance Fraud Bureau, Insurance Fraud Enforcement Department and Insurance Fraud Register, controlled by a two-tie board
The Insurance Fraud Bureau board also added representatives from
Lloyd and Association of British Insurers
The new structure also formed the General Insurance Fraud Committee, which provides
It provides technical support and direction for the the Insurance Fraud Bureau, Insurance Fraud Enforcement Department and Insurance Fraud Register,
What is one of the initiative of the General Insurance Fraud Committee
It’s 2020 strategy vision is to extend the scope of the Insurance Fraud Bureau in both property and commercial liability claims, so as to identify networks of fraud in commercial lines across the industry
What are the measures undertaken to detect fraud in the insurance industry
- Claims and Underwriting exchange
- Art Loss Register
- Motor Insurance
- Claims Handler
- Technology
What is the claims and underwriting exchange(CUE)
This is a computerized register of information for personal lines cases from insurance proposals,claims and renewal forms
How does the Claim and Underwriting Exchange assist insurers(its members)
The members submit their claims data on an individual claimants to the database and check there true claims history, helps combat fraud
The Art Loss Register(ALR)
This is a collaboration between the insurance industry and the art world as a response to the increase in art theft
The Art Loss register relies on
IT’s operation relies on subscriptions from insurer
What are the objective of the Art Loss Register
- increase the recovery rate of stolen art and antique
- to defer theft by making it more difficult to resale stolen articles
The Art Loss Register is available to
Insurance industry, art trade, law enforcement/custom agencies, collectors and museums
Why was the Motor Insurance anti-Fraud and Theft Register set up(MIAFTR2)
It was set up to help combat fraud relating to motor vehicle and contains detail of all total loss and theft claims. Insurers can access this register
What is required by the Fourth Motor Insurance Directive
It requires all member states of the EU to maintain a national database for every insured vehicle
In the UK what is the database that contains details of every insured vehicle
Motor Insurance Database operated by the Motor Insurance Bureau
What is the Motor Insurance Database designed to do
It is designed to make it easier to pursue cross border claims and also help enforce compulsory motor insurance requirement
Why do the enforcement agencies and police use the motor insurance Database
They are used to tackle uninsured drivers, and have the power to remove uninsured vehicle from the UK roads. The MID is available in real time by the police officer to ensure insured status of motorists
How long does an insurer have to submit basic policy information about each insured to the Motor Insurance Database
For private cars they have 7 Days and Commercial Risk 14 Days
What is the role of claims handler
The claim handler plays a vital role in detecting fraud
What are the common indicators of fraudulent claims that a claims handler detects
- beware if a claim is made right after policy inception/renewal
- claim where there are no documentation for lost items
- -too much documentation especially for a small item
- insured changes their story regarding the claim
- loss not reported to the police
- poor claim history or similar claims have been made
- claim is not consistent to the insured’s lifestyle
What types of software are being developed to help detect fraud
Software that combine artificial intelligence and voice recognition technology to detect and interpret emotions and linguistics to assess credibility of an insurance claim
If fraud is not detected what are the consequences to the insurer
If Insurer doesn take fraud in prevention seriously they will suffer a deficit in profit.The claim cost will increase and impacting pricing of premiums making them less competitive in the market. Even gain a soft touch reputation when it comes to fraudulent claims
If fraud is not detected what are the consequences to the insured
Genuine insured as a result of fraudulent claims being paid in an increase in premium
If fraud is not detected what are the consequences to the insured
The fraudulent claimant after succeeding in receiving monies of a claim there will be temptation to continue the practice
What is a limitation period
This is a fixed period of time during which formal civil proceedings must be started
Limitation period will depend on
The limitation period will depend on the type of civil claim
Why is there a limitation period
This is because its essentially public policy. As it is deemed unfair and against policy for individuals to be perpetually exposed to wrongful-acts/omissions
When does the limitation period start
It will start to run at the time the cause of action actually arises. All the facts which are required must exist before the limitation period starts
What are the limitation period for contract/arbitration award/debt/negligence/breach of trust/tort
A claim must commence in the courts within 6 years of the date claim incurred/date of knowledge
What are the limitation period for personal injury/fatal injury/illness
A claim must commence in the courts within 3 years of the date claim incurred/date of knowledge
What are the limitation period for Defamation/malicious falsehood
A claim must commence in the courts within 1 years of the date claim incurred/date of knowledge
What are the limitation period for recovery of land
A claim must commence in the courts within 12 years of the date claim /date of knowledge
In personal injury Under the limitation Act of 1980 what is the date of knowledge
This is the date the claimant becomes aware of
- the injury is significant
- identity of the defendant
- injury is attributed in whole or part to the negligent act/omissions/breach of duty of the other party
The Limitation Act 1989 applies to which claims
It applies to civil claims only and not criminal acts
What is the statutory period limit for criminal acts
There are no statutory limits on the prosecution of these crimes in the UK except for summary offences (ones tried in the magistrate court) which are brought within 6 months
