BICMA Bodily Injury Claims Management Association Presents:- Rehabilitation In Personal Injury Claims

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BICMABodily Injury Claims Management
AssociationPresents-Rehabilitation In
Personal Injury Claims

• Chairman
• Robin de Wilde QC

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Rehabilitation Market DevelopmentsNorman
CottingtonManaging Director, TICCSPresident,
BICMA(Bodily Injury Claims Management
Association)Founding Director, CMS UKMember
ABI/IUA Rehabilitation Working Party
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Rehabilitation in Personal Injury Claims

• The History

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1994

• Park Lane Conference
• Launch of the Disability Assessment Unit

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1997

• DAU Working Party becomes BICMA
• (Bodily Injury Claims Management Association)
• The Early Assessment Agreement launched at The
  Liberal Club

6
1998

• BICMA joins ABI Rehab Working Party
• Early Assessment Agreement adopted

7
1999

• Second UK Bodily Injury Award Study
• Publication of The Rehabilitation Code
• Code of Best Practice on Rehabilitation, Early
  Intervention and Medical Treatment in Personal
  Injury Claims
• BICMA publishes
• The Practitioners Guide to Rehabilitation

8
2000

• A register of Solicitors and Insurers endorsing
  the principles of The Rehabilitation Code appears
  on the BICMA website

9
2003

• The third UK Bodily Injury Award Study
• Amended Rehabilitation Code

10
2005

• The Personal Injury Protocol incorporates
  rehabilitation
• The Rehabilitation Code attaches to the PI
  Protocol
• The BICMA Agreement published
• Provides for implementation beyond assessment

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2006

• There are calls for rehabilitation providers to
  be regulated.
• BICMA presents
• Quality Standards for Rehabilitation Providers

12
2007

• Revised and amended Rehabilitation Code with
  Rehab Lite
• Mediation service for Rehab disputes.

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Quality Standards for Rehabilitation Providers

• For one body to regulate all of the disciplines
  involved in the rehabilitation process will prove
  virtually impossible
• Regulation if it ever happens will be years
  away
• A provider adhering to the BICMA standards will
  demonstrate both independence and a commitment to
  deliver quality services

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Quality Standards for Rehabilitation Providers

• Providers of rehabilitation services are invited
  to commit to the following

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Quality Standards for Rehabilitation
ProvidersClause 1

• Any person involved in providing the service
  shall be appropriately qualified, shall be a
  member of their appropriate professional body and
  shall act in accordance with the standards of
  practice of that professional body.

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Quality Standards for Rehabilitation
Providers Clause 2

• There shall be, in respect of any such service
  as is provided, appropriate and proper
  professional indemnity and liability insurance.

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Quality Standards for Rehabilitation
ProvidersClause 3

• The duty of the provider of any service is to
  the injured party, who is at all times the
  client, and that duty shall be independent of any
  claim or litigation.

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Quality Standards for Rehabilitation
ProvidersClause 4

• The services and/or recommendations provided
  shall be appropriate, timely, reasonable and not
  influenced by the source of instruction.

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Quality Standards for Rehabilitation
ProvidersClause 5

• In the provision of any services, account should
  be taken of the provision of such services within
  the National Health Service and/or the relevant
  Social Services Provisions.

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Quality Standards for Rehabilitation
ProvidersClause 6

• Their terms of business and transactions,
  including any credit arrangements, be open and
  available to inspection by any legitimate
  interest.

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Quality Standards for Rehabilitation Providers

• It is not intended that these standards should go
  in place of any eventual regulation that may be
  considered necessary, but that they provide some
  assurances of the quality of provision of
  services in the shorter term.
• It is hoped that when instructing a
  rehabilitation provider you will always enquire
  as to whether they are signatories to the BICMA
  standards.

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The 2007 Rehabilitation Code

• The changes-
• Time scales introduced.
• Where rehab identified
• Claimant Solicitor to respond immediately
• Compensator to respond within 21 days
• As to choice of assessor
• within 21 days
• Assessment
• within 14 days

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Mediation for rehab disputes

• CMC/BICMA/NMH SCHEME
• Provides proportionate resolution of disputes by
  telephone mediation so as to avoid delay in the
  delivery of early intervention and support.
• Choice of provider / Funding / Direction.
  Anything that may be the cause of delay

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Barriers to Rehabilitation

• There are numerous barriers most of which
  emanate from individual claims handlers, whether
  they be solicitors or defendant insurers.

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The Barriers in Brief

• a) A lack of awareness of the process
• b) Scepticism
• c) A Lack of trust
• d) A lack of confidence
• e) Greed
• And on occasions
• Simple bloody mindedness!

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Ignorance

• Unfortunately there are still some insurers and
  some claimant solicitors who have yet to be fully
  convinced as to the benefits of rehabilitation
  and as a result have no specific rehabilitation
  strategy.
• Even though most practitioners support the need
  to provide and use rehabilitation, there remains
  inconsistency in approach.

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Choice of ProviderWhose Choice?

• A full in-depth needs assessment of a vulnerable
  victim needs to be conducted by an agency or
  case manager who can be recommended to the client
  with a confidence based upon previous experience
  or valued recommendation.

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Insurers Preferred Providers

• Insurers may have providers who they would prefer
  to instruct on the basis of performance, cost or
  both.
• Where the solicitors choice is also a preferred
  provider of the insurer no problems arise.

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Dispute over Choice of Provider

• If the insurer is insistent on a preferred
  provider it can fuel suspicions that
• The provider is working to accommodate the views
  or influences of the insurer which, rightly or
  wrongly, can undermine confidence in the
  independence of the provider.

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Dispute over Choice of Provider

• Disputes create delay detrimental to the
  individual clients recovery
• Mediation could be the answer

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Sole Instructions

• Whilst contrary to the spirit of The
  Rehabilitation Code, TICCS will now accept sole
  instructions from claimant solicitors and provide
  the service on credit where
• The defendant insurer has, for any reason,
  declined to participate in the process or
  declined the solicitors choice of TICCS as
  rehabilitation provider.

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Rehabilitation FarmerCredit Rehabilitation
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Rehabilitation Farmer?

• Despite increasing market concern a
  rehabilitation farmer has yet to be identified.

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Credit Rehabilitation

• Concern has been expressed by insurers.
• Rehabilitation costs inflated by credit terms.

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Rehabilitation.Everybody wins !

• The best possible care and support
• Provided as economically as possible
• To provide the best outcome.
• Solicitors and Insurers working together with the
  victim