Insurers’ resistance to periodic payments is the key barrier APIL’s survey of serious injury lawyers found that insurers’ behaviour is the key barrier to obtaining a periodic payment: Where these barriers erected by insurers do not exist, use of periodic payments is much higher. For example, most seriously injured victims who receive compensation from the NHS obtain a periodic payment. This is because the NHS is not resistant to providing this form of compensation, with 79% of lawyers finding it easy to obtain a periodic payment from NHS Resolution. 90% almost 90% of lawyers who sought a PPO for their client found it difficult to obtain this from an insurer 90% almost 90% said that, in their experience, insurers always or very frequently sought to undertake negotiations on a lump sum only basis 82% of those who sought a PPO said that insurers rarely or never proactively offered a PPO Insurers are resistant to providing PPOs because they mean that the insurer, rather than the injured victim, has to manage the greater risk. Lawyers highlighted that they make obtaining a PPO extremely difficult by, for example, approaching clients post-settlement to see if they would swap their PPO for a lump sum; refusing to negotiate on PPO terms; and using the possibility of a PPO as a reason to object to providing interim payments. Many of these tactics substantially delay settlement if a PPO is sought, which is something that seriously injured victims in urgent need of financial support can ill afford. PAGE 17
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