IF4.4 Claims handling procedures Flashcards

1
Q

7 aspects to motor claims process

A
  1. the insured is bound to notify insurers on all claims accidents (whether they intend to claim or not)
  2. at notification the insured should fill out a accident report form (ARF) over phone or internet.
  3. the insurer will set up a file with all relevant information (usually electronic)
  4. Understand if the policy is in force & indemnity due. Repair work is done.
  5. claims in other sections of the policy are reviewed
  6. third party claims. The insurer will identify who is at fault.
  7. degree of negligence must be established.
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2
Q

For non-comprehensive cover the insured must still…

A

report all accidents.

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3
Q

Health insurance claims proces

A
  • first the insurer will check valid insurance is in place & that policy conditions have been met
  • supporting evidence may need to be submitted
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4
Q

Health insurance supporting evidence is required when

A
  • death (death certificate, coroner inquest)
  • loss of limb must be proved
  • disablement needs medical certificates
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5
Q

why is health insurance claims easier

A

benefit policy - sums have already been approved.

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6
Q

Contents insurance claims

A

new for old replacement once proof of ownership.

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7
Q

Building insurance claims

A
  • Loss adjusters are used to provide experts opinions on substantial damage.
  • repair or reinstate building (up to repair value at time of loss less the allowance for betterment)
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8
Q

Betterment

A

when certain aspects of the repaired property are in better condition than they were before

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9
Q

Travel Claims: personal accident or sickness benefits

A

the considerations that apply to health claims generally apply. Set amount at policy inception, just need proof to pay out.

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10
Q

Travel Claims: travel interruption or delay

A

The insurer can make its own enquires with travel authorities or ask that the insured obtain necessary proof.

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11
Q

Travel Claims: medical or associated espenses

A

authorised prior to treatment (control costs) or in an emergency medical expenses are claimed after treatment are scrutinised prior to payment.

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12
Q

Travel Claims: baggage, personal effects and money

A

proof of purchase for items required as well as confirmation that the loss has been reported to the authorities.

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13
Q

Extended Warranties claims process

A

claims settlement is simply repairing or replacing the appliance (claim forms are rarely required)

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14
Q

pet insurance claims process

A

covers vet fees (following injury, illness or death), theft of pet(advertising costs), boarding fees(if you are hospitalised) & liability cover for dogs.
Invoices are sent to insurers along with proof of the event.

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15
Q

commercial property claims process: insured duties

A
  • notify the insurer immediately
  • mitigate their losses
  • deliver to the insurer full information about the property lost
  • provide proof of loss
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16
Q

commercial property claims process: Insurers duties

A

establish:
- whether the policy is in force
- whether the claim is valid
- whether the policy covers the loss

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17
Q

loss adjustor

A

investigates the loss (cause and extent) and prepares a report recommending the amount payable under the terms of the policy. Ensure that the insured has complied with any related endorsements or warranties.

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18
Q

loss assessor

A

negotiate with the adjustor and the insurer on behalf of the insured.

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19
Q

commercial property claims process: theft claims

A

same as any property claim but a police report is usually required

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20
Q

commercial property claims process: glass claims

A

same as any property claim but repairs are authorised via an approved repairer after an excess has been paid

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21
Q

commercial property claims process: money claims

A

same as any property claim but require:
- proof that money were on the premises
- details of the occurrence
- confirmation that the matter has been reported to the authorities.

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22
Q

Commercial pecuniary claims: legal expenses

A

The insured should notify their insurers before legal action commences so the insurer can take any steps they deem appropriate (appointing their own solicitors etc).

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23
Q

Commercial pecuniary claims: Business Interruption

A
  • check the material damage proviso
  • insurers may participate in the claim to help minimise the loss.
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24
Q

Indemnity period of business interruption insurance

A

12-36 months

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24
Q

Creditors Insurance

A

provides protection to the policyholder in the event that they are unable to repay a loan due to their death, disability or losing their job.

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25
Q

At the proposal stage of business insurance, what questions are asked about how the proposer will react in the event of a claim?

A
  • have they got alternative premise
  • how soon can they get up and running
  • is there a detailed disaster recovery plan
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25
Q

Commercial pecuniary claims: Creditors Insurance

A

the insurer will require:
- proof the insured is not working
- evidence of the payments that the insured needs to make

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26
Q

Employers liability compulsory insurance act 1969

A

compulsory for cover for indemnity against injury or disease by the insureds employees arising out of and in the course of their employment.

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26
Q

Which liability insurances are on a losses-occurring basis

A

public and employers (sometimes product)

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27
Q

Which liability insurance are on a claims made basis

A

professional indemnity (sometimes product)

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28
Q

Commercial pecuniary claims: liability (claims made)

A

questions should be answered on:
- when was the claim made?
- was it in accordance with the policy terms notified to the insurer?
- did the instance cover exist at that time?
Then a full investigation will be carried out

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29
Q

Commercial pecuniary claims: liability (losses-occuring)

A

questions should be answered on:
- when did the loss occur?
- did the insurance cover exist at that time?
Then a full investigation will be carried out

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30
Q

Commercial pecuniary claims: liability

A
  • decide if claims made or losses-occurring
  • was the work that was carried out within the business description
  • provide relevant documentation
  • interview witnesses
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31
Q

MOJ/Claims portal

A

processes all injury claims including employers and public liability claims up to 25k.
inc. vulnerable road road users who can’t use the OIC

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32
Q

Special Damages

A

losses that can be quantified

32
Q

For third party property damage claims insurers:

A

investigate the facts of the case and reach a decision on liability:
- a request for a written report of the negligence alleged against the insured
- evidence to support the amount of the claim
- inspection of the damaged property

33
Q

General damages

A

less tangible losses such as compensation for pain suffering and loss of amenity, and loss of use of a vehicle.

34
Q

Third party liability claims involving personal injury claims process

A

claims often come from solicitors and insures are provided with medical reports on the injuries. Damages will be paid under special damages (quantifiable losses) and general damages (less tangible losses).
some cases proceed to court.

35
Q

What happens if a claim proceeds to court?

A

A judge may:
- make a decision that allows for a reassessment after a period of time
- award a single lump sum payment
- allow a structured settlement, which provides an income to the claimant over a period of time
- allow a periodic payment which provides pre-determined sums at certain dates in the future.

36
Q

How are commercial vehicles claims different to private vehicle claims

A

the insured can choose to arrange and pay for the repairs then submit an invoice to their insurers, as many commercial vehicles require specialist repair which may not be available at the insurers authorised repairer.

37
Q

What are the different type of related claims services?

A
  • legal helplines
  • authorised repairers
  • uninsured loss recovery services
  • legal costs services
  • risk control/advice
  • rehabilitation
38
Q

Legal helplines and advice

A

Free to the user 24hours a day to give advice and sometimes assistance in respect of potential claims.
This is especially relevant to the legal advice services offered in conjunction with legal expenses insurance.

39
Q

What are the three main elements in the majority of legal insurance cases?

A
  • does the party in question have the basis of a claim in law?
  • what legal rights are involved?
  • what is the best way to enforce such legal rights if pursuing a claim?
40
Q

Authorised repairers

A

insurers often negotiate with various suppliers and/or repairers to provide services at a discounted rate (and an agreed standard).
Common in motor insurance

41
Q

Benefits of using approved repairers

A
  • convenience
  • reduced cost
  • check they are competent and know what you’re getting
42
Q

Uninsured losses

A

Those losses that an insured may suffer that are not directly covered by a policy of insurance relevant to an insured event
e.g. cost of alternative transport, excesses, loss of earnings & personal injury

43
Q

What is uninsured loss recovery service

A

Where your insurer helps you claim on a third party insurance even if its not covered on your insurance

44
Q

Legal costs services: Before the event BTE cover

A

cover provided by a legal expenses insurance policy is appropriate for any legal costs associated with an incident likely to give rise to a claim

45
Q

Legal costs services: After the event (ATE) legal expenses cover

A

Guarantees payment of the legal costs associated with the prosecution of the claim.

set out by the access to justice act 1999
underwrites the possibility that the court action will be unsuccessful.

46
Q

No win not fee arrangements

A

where a solicitor and client agree to share the risk of litigation by arranging a success fee payable by the client in the event of success.

47
Q

Damage based agreement (DBA)

A

the client agrees to pay a percentage of the sums recovered, not necessarily instead of costs.

48
Q

Risk control

A

concerned with minimising the adverse effects of an event if and when it occurs

49
Q

Financial risk control & advice

A

advise customers that that they’re probably unable to remove every possibility of a loss therefore should look into risk retention (self insurance) or risk transfer (insurance).

50
Q

Physical risk control and advice

A

advising customer on the practical techniques they can use to reduce the frequency and/or severity of losses e.g. risk avoidance (not practical) and risk reduction (practical measures to reduce frequency and serverity)

51
Q

Why do insurers provide risk control and advice services?

A

They have invested interest in controlling the risks that have been transferred to them and will often deploy risk surveyors to provide technical advice.

52
Q

Rehabilitation benefits

A

early intervention can improve a claimants long-term prognosis giving the insurer a financial benefit.

53
Q

Three options of rehabilitation

A
  1. medical
  2. vocational (helps find alternative employment/retraining if returning to work is not possible)
  3. qualitative (helps claimants overcome their impaired capabilities to enable them to live)
54
Q

What is qualitative rehabilitation

A

Helps claimants overcome their impaired capabilities to enable them to lead as full life as possible.

55
Q

Aim of civil procedure rules

A

reduce cost, delay and complexity in the handling of personal injury claims and to prevent litigation where possible.

56
Q

pre-action protocols

A

encourages early settlement of disputes to help reduce long term costs

57
Q

Three tracks in the courts

A
  • small claims
  • fast track
  • multi track
58
Q

Eight pre-action protocols (PAP)
(with strict timetables and penalties for non compliance)

A
  • personal injury
  • clinical negligence
  • construction and engineering
  • defamation
  • professional negligence
  • judicial reviews
  • disease and illness
  • housing disrepair
59
Q

Civil Liability Act 2018

A

Introduced ‘the protocol’ (personal injury pre-action protocol) which manages all personal injury claims and sets out the rules that the parties must adhere to.

60
Q

MOJ and OIC are what

A

electronic portals to manage claims

61
Q

Changes to road traffic act claims (via the Civil Liability act)

A
  • gave a definition of whiplash
  • a tariff system for whiplash (tax)
  • court powers to award an uplift on the tariff for exceptionally severe injuries
  • regulatory ban on whiplash claims without medical evidence
  • Official Injury Claim (OIC) portal for people to bring their claim forward without legal representation
62
Q

Who does the personal injury pre-action protocol apply and not apply to?

A

applies to drivers and passengers in motor vehicles excluding vulnerable road users, children & claims where the defendant is not a UKL resident.

63
Q

What does the official Injury Claim Portal (OIC) do?

A
  • controls the submission and negotiation of claims between litigants and compensators.
  • claim value.
64
Q

Personal Injury Pre-action protocol

A
  • people should upload data onto OIC
  • court decides liability before deadlines (30 days)
  • once liability is established a medical report is obtained and a quantum is agreed.
  • if the claimant doesn’t accept the offer they can issue small claims proceedings
  • finalises with a court decision
65
Q

Low Value Personal Injury Pre-action Protocol

A

protocol for low value claims, reducing the time it takes for low claims to be decided.
RTA personal injury between 5k-25k
For vulnerable road users between 1k-25k
EL and PL between 1k-25k

66
Q

Qualifying limit for the small claims track

A

10k for property damage, 5k for RTA claims and 1.5k for liability claims

67
Q

Who governs the small claims track

A

Civil Procedure Rules 1998 (CPR)

68
Q

OIC types of claims

A

RTA personal injury claims up to 5k not inc. vulnerable road users.

69
Q

How are large motor claims understood by the insurer

A

loss adjuster interview drivers and witnesses & visit the accident scene.

70
Q

How are small motor claims understood by the insurer

A

desktop exercise

71
Q

At the proposal stage of business insurance, questions are asked about…

A

how the proposer will react in the event of a claim:
- have they got alternative premises
- how soon can they get up and running
- is there a detailed disaster recovery plan

72
Q

Before settling a credit insurance claim, insurers will require

A
  • proof the insured is not working
  • evidence of the payments that the insured needs to make
73
Q

What is the maximum recoverable amount for legal costs 9employers and public liability claims)

A

for claims of up to 10k, £900 + VAT
for claims of 10k-25k 1.6k + VAT

74
Q

Pre-action protocols

A

Apply structure to each type of claim & encourage early action to avoid litigation.

75
Q

How long do you have to acknowledge a claim letter from a third parties solicitor?

A

3 weeks

76
Q

How long is there to investigate the claim and make a decision on liability?

A

3 months

77
Q

Pre-Action Protocol conditions

A
  • motor accident with non-excluded drivers
  • personal injury claim
  • under 5k total
78
Q

What portal manages personal injury pre-action protocol claims?

A

Official Injury Claim Portal (OIC)

79
Q

What portal manages low value personal injury pre-action protocol?

A

MOJ portal

80
Q

For small (soft tissue) Injury claims…

A

medical evidence is required

81
Q

Stages in the low value personal injury pre-action protocol

A

Stage 1: agree liability
Stage 2: agree quantum
Stage 3: court hearing process

82
Q

With the OIC how long do compensators have to make their assessment of liability?

A

30 days