The Association of Personal Injury Lawyers (APIL) is a not-for-profit organisation, which exists to fight for the rights of injured people. Find out more.
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INSURERS DENY INJURED PEOPLE ACCESS TO JUSTICE

One of APIL’s key campaigns at present is preventing the rough justice handed out to injured people by some insurance companies.

Our members have told us about people who are approached by insurers, sometimes hours after they have been injured in an incident, and put under pressure to settle a compensation claim without the help of an independent legal adviser. These injured people are often being ripped off as a result.

It is imperative that injured people always insist on their right to consult an independent legal adviser if they need to make a claim. We are pressing the Financial Services Authority to ensure direct approaches to injured people are the subject of proper regulation. We are also talking to the press and parliamentarians in order the spread the word.

APIL FIGHTS FOR CENTRAL DATABASE OF WORKPLACE INSURANCE POLICIES

Regulation 4(4) of the Employers’ Liability (Compulsory Insurance) Regulations 1998 which required employers to retain insurance policies for 40 years was repealed on 1 October 2008. There has been growing momentum in recent weeks for a central, statutory database of all ELCI policies. This would enable people who have contracted long tail diseases to gain the compensation they deserve. APIL is continuing to press for the database, and a fund of last resort, similar to the Motor Insurance Bureau, which would provide compensation when no insurer can be found.

QUEEN’S SPEECH

APIL welcomes proposals to reform the coroners system outlined in the Queen’s Speech with the Coroners and Death Certification Bill being merged with the Law Reform, Victims and Witnesses Bill to form the Coroners and Justice Bill. APIL will make representations to MPs to ensure the coroners system is reformed to serve victims in the best way possible.

The coroners system in the UK has been in need of reform for some time, and the Coroners and Death Certification Bill has many encouraging aspects, particularly the creation of the post of chief coroner, who will report annually to Parliament, the move towards largely full-time coroner posts, and the requirement of firms to report on coroners’ findings. The main causes for concern with the Bill are the lack of emphasis on the fact that people have the right to legal representation at inquests, and the lack of details regarding inquests being funded by legal aid. APIL will fight for the Bill to be improved so that it best represents the interests of victims who use the coroners system.

The Draft Civil Law Reform Bill was not announced in the Queen’s Speech, despite being in the Draft Queen’s Speech in May. APIL is currently seeking clarification from the Ministry of Justice as to the current status of this Bill.

STREAMLINING THE CLAIMS PROCESS

Following the Government’s response to the consultation on Case track limits and the claims process for personal injury APIL welcomed the decision to maintain the small claims limit for personal injury claims at £1,000 and its obvious drive to encourage a quicker claims system.

We are continuing to work with the Government on its proposals’ to ensure victims’ interests are paramount.

Updated December 2008

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