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The motor liability market is facing disruption and uncertainty like never before. The landmark changes brought about by the whiplash reforms, combined with continued digitisation of the claims process, mandatory mediation in small claims, and increasing repair costs and diminution in value claims among the key developments. Here we provide insight and guidance on this evolving landscape.
With approaching 50% of whiplash claims in the Official Injury Claim portal having an element of non-tariff damages, the impact of the Supreme Court decision on the valuation of general damages in mixed injury claims will be extensive for insurers.
Motor Webinar Wednesdays
Our regular webinar series focuses on all things motor claims, with interactive discussions from our expert lawyers keeping you updated on changes within the industry and helping you to tackle upcoming challenges. Get in touch with us to find out more about upcoming sessions.
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Webinars and reports
Motor webinar - 5 July 2024
During this session, our expert speakers discussed:
• Recent judicial attitudes to Stayed Claims, OIC, MOJ and Part 7 allocation cases.
• The status of the Statutory Review of the Whiplash Tariff.
• The projected impact of a change in government if the polling is to be believed:
o What would a Labour Government mean for the insurance sector?
o What would a Labour Government mean for civil justice reforms?
Fleet Friday - 21 June 2024
During this webinar, Kennedys' Senior Associate Satveer Pnaiser was joined by guest speaker Alan Baker, Director at Bericon Forensics as they discussed:
- An overview of the forensic process and its use as scientific evidence in the legal system.
- Common symptoms and myths of drug use whilst driving.
- A comparison of tiredness, drink driving and drug driving.
- Current sentencing guidelines for drug driving and policies to implement to manage your fleet.
Fleet Friday - 24 May 2024
During this webinar, Kennedys' Senior Associate Russell Hall was joined by Dr Paul Jackson, Fatigue Expert at Fresh Air Training to discuss:
- The warning signs of fatigue.
- The concept of ‘sleep deficit’.
- Simple steps to manage your fleet and the issue of fatigue.
Motor Webinar Wednesdays - 15 May 2024
During this webinar, our expert speakers focused on credit hire and discussed:
- The global supply chain crisis.
- Shallow fakes in documents and damage.
- Motorcycles and mental health claims.
- Taxi licensing boundary manipulation.
Fleet Friday - 19 April 2024
Kennedys' motor crime team were delighted to host the second session of our Fleet Friday series on the 19 April 2024.
This was a conversational session with Kennedys' Legal Director Marta Tomlinson and guest speaker Ruth Waring, Transport and Compliance Consultant as they touched upon the issues when running a fleet and mitigating risks of incidents on the roads from an insurer/company perspective.
Judicial College Guidelines 17th edition: the rise of inflation - 18 April 2024
With the recent publication of the 17th Edition Judicial College Guidelines, this interactive webinar highlighted the impact and strategic considerations of the significant changes to the JCG.
Motor Webinar Wednesdays - 17 April 2024
During this webinar, our expert speakers discussed claims in the motor industry including:
- The rise in dental claims and increasing concerns.
- OIC claims and limitation strategy.
Motor Webinar Wednesdays - 27 March 2024
We were delighted to host the next webinar in our motor series on Wednesday 27 March 2024.
The eagerly anticipated judgment in Rabot & Briggs was delivered on Tuesday 26 March, our speakers reviewed the decision and considered the practical impact of the judgment.
Motor webinar - 19 March 2024
We were delighted to host the next webinar in our Motor series where we discussed the new 17th Edition of the JCG which has landed. This was an interactive webinar where our panel highlighted the key changes to the JCG and considered the likely impact on cases before the courts in the coming days and weeks. We also considered the potential impact on Tariff awards in the OIC.
Fleet Friday - 15 March 2024
Kennedys' motor crime team were delighted to host the first session of our Fleet Friday series on the 15 March 2024. During this interview style webinar, Kennedys' Partner Naomi North was joined by guest speakers: Adam Pipe, Head of Roads Policing, Essex Police and Jason Dearsley, Commercial Vehicle Sergeant, Essex Police.
Motor Webinar Wednesdays - 21 February 2024
During this webinar Ian Davies and Vicky Garner, after attending the Supreme Court hearing for Rabot and Briggs on the 20 February, discussed:
- First hand key insights and observations.
- Predictions for mixed injury claims over the next 6 months and beyond.
Motor webinar - 8 February 2024
During this webinar our expert speakers discussed:
• Secondary victims -
o Update on emerging case law from the Supreme Court on Secondary victims.
o The impact of the case law on RTC; good or bad?
• Rabot & Briggs -
o A review before the Supreme Court hearing on 20 February 2024.
Motor Webinar Wednesdays - 24 January 2024
During this webinar, we heard from two of our Kennedys' motor experts on hot topics within the industry:
- Senior Associate (non-Solicitor) Rachael Czaja discussed credit hire taxi claims including:
o Taxi documentation needed when assessing a claim.
o The test of Hussain v EUI. - Senior Associate (FCILEx) Rachel Smythe considered the arguments to be raised, and when to raise them, in track allocation based upon complexity and not value alone.
Motor Webinar Wednesdays - 10 January 2024
During this webinar, we looked at the current trends in the OIC cases with a focus on non-tariff injuries in advance of Rabot and Briggs going before the Supreme Court in February.
We were joined by Chris Stubbs, Product Manager, Kennedys IQ who provided a data set highlighting current trends in the market and Vicky Garner, Kennedys’ Senior Associate, who offered an advocates perspective from the front line of Birkenhead CC.
Motor Webinar Wednesdays - 13 December 2023
During this extended webinar, our expert speakers provided a review of the key decisions and areas of change we have seen throughout 2023 and highlighted the potential challenges 2024 may bring within the following markets:
- Credit hire
- Injury
- Complex and technical
- Recoveries
Motor Webinar Wednesdays - 29 November 2023
During this session, chaired by Partner Ian Davies, Senior Associate Emma Baker discussed:
- Recent cases where OIC claims have run alongside proceedings issued outside the OIC and how to deal with them.
- Witness statements and how issues surrounding these play out at hearings.
Motor Webinar Wednesdays - 1 November 2023
During this webinar we heard from two of our Kennedys' motor experts on hot topics within the industry:
- Legal Director Lorien Helm discussed claimants tactics to avoid in the new intermediate track.
- Senior Associate (FCILEx) Rachel Smythe provided a brief update on what we currently know about the implementation of mandatory mediation in OIC claims.
Motor Webinar Wednesdays - 18 October 2023
During this session, Kennedys' Rachael Czaja and Vicky Garner discussed:
- Recent comments regarding unreasonable costs in the OIC.
- Impecuniosity and the impact due to the cost of living crisis with reference to the recent case of Holt v Allianz.
Consumer Duty implementation 31 July 2023 and beyond - practicalities for the insurance industry - 20 July 2023
We were delighted to host a webinar where our speakers provided:
- A reminder of the key elements and scope of the duty and responsibility for compliance.
- An assessment of the FCA's expectations.
- A look at practical impacts from 31 July for firms:
- in their interactions with consumers and SME's
- in relation to D&O cover
- providing insurance products and for those insurers who insure financial institutions
This webinar was of interest to anyone involved in the general insurance industry and particularly in D&O and financial lines.
Fixed costs extension 2023 webinar - 18 July 2023
We were delighted to host a webinar on Tuesday 18 July 2023, where our speakers discussed the impact, challenges and uncertainties due to the extension of fixed costs.
Attendees gained an insight on changes and practical tips for dealing with potential challenges.
Motor Webinar Wednesdays - 28 June 2023
Two very topical issues were the subject of our next Motor Webinar Wednesdays series, where Angela Crisall and Rachel Smythe covered:
- The recently reported case of Blair v Jaber being the 12% increase on JCG damages awarded as a result of inflation.
- The rise of stayed claims we have seen recently and tactics and opportunities to gain control of those cases.
- The possibility of a further increase as cases leave the OIC and enter the MOJ and onwards towards a stay request.
Both cases have significant tactical, reserving and wider implications.
Motor Webinar Wednesdays - 14 June 2023
We were delighted to host the next session in our Motor Webinar Wednesdays series, which took place on 14 June 2023.
During this session we saw the return of Kennedys' Partner Lewis Thompson, who provided a further and updated overview on the extension of fixed recoverable costs and the impact this will have on insurers.
Motor Webinar Wednesdays - 17 May 2023
The next session in our Motor Webinar Wednesdays series took place on Wednesday 17 May 2023, with a focus on the OIC.
Chris Stubbs, Product Manager at Kennedys IQ, shared the high level data we have available and, along with Ian Davies, who added commentary and highlighted potential trends as we reach the second anniversary of the OIC.
Motor Webinar Wednesdays - 29 March 2023
Our next webinar in the Motor Webinar Wednesdays series took place on Wednesday 29 March 2023, where we answered the numerous questions we've received following the recent credit hire market overview provided by John Gibson, including:
- Is a combustion engine a reasonable replacement for an electric or hybrid vehicle?
- How do insurers utilise green parts?
- How do you deal with taxis over five years old?
Motor Webinar Wednesdays - 15 March 2023
We were delighted to host the next Motor Webinar Wednesday on Wednesday 15 March 2023.
During this session Kennedys' Motor Services Director John Gibson provided an overview and update on the credit hire market.
Motor Webinar Wednesdays - 1 March 2023
For the next in our Motor Webinar Wednesdays series, we provided an update on all things QOCs given the recent decision in University Hospitals of Derby & Burton NHS Foundation Trust v Harrison and the impending rule change on 6 April 2023.
What does the case law mean in practice and what will the impact of the rule change be? Will we see cases being issued prior to 6 April?
Motor Webinar Wednesdays - 15 February 2023
Following on from our last session on the OIC Court of Appeal decision, our speakers answered the numerous questions we received during the first webinar that we did not have time to answer. They also answered the questions they have subsequently received.
Mike Gilpin, Commercial Director, Kennedys IQ also shared the high level data we have available on the implications on future claims these landmark cases may have.
Motor Webinar Wednesdays - 25 January 2023
The much anticipated judgment of the OIC appeals of Rabot & Briggs were handed down on Friday. The majority judgment in favour of the claimant will attract the headlines but the dissenting judgment of Voss MR gives the defendant hope.
Ian Davies and Rachel Smythe discussed the implications on future claims and anticipated tactics these landmark cases may have.
Fleet Friday - 20 January 2023
We held the next in our Fleet Friday webinar series, where Naomi North was joined by Marta Tomlinson to discuss the importance of vehicle maintenance, route planning and robust workplace systems to discuss and monitor poor driving practices.
Both Naomi and Marta discussed some real life examples of cases where companies have fallen foul of their legal obligations resulting in criminal proceedings and indeed action by the Traffic Commissioner.
Claims inflation in non-injury insurance losses: a global review
Excess claims inflation remains a topic of primary concern for global (re)insurers. This report analyses the impact of excess claims inflation across nine countries in order to assist (re)insurers when addressing the impact of excess claims inflation on their business lines.
Official Injury Claim: A Practitioner's Guide
Whiplash reforms came into play on 31 May 2021, and in response to this seismic change our motor experts put together a guide to provide a comprehensive resource and reference point for our clients.
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