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Law360, London (April 27, 2020, 2:26 PM BST) -- Insurers and law firms have agreed that medical reports in personal injury legal cases can be carried out remotely under a temporary deal designed to keep the "wheels of justice turning" amid the COVID-19 pandemic, according to a joint statement on Monday.
The Association of British Insurers and the Association of Consumer Support Organisations, a lobby group for claimants, said that diagnosis and rehabilitation could be performed via video link with doctors, psychologists or physiotherapists.
Medical reports typically come from an examination conducted face to face, particularly when those reports are used in court.
The deal follows similar industry agreements over litigation hearings brokered between the ABI and Thompsons Solicitors, which has been renewed for another month. Some 335 law firms and 105 insurance companies have committed to the terms of that protocol, which includes an agreement to freeze limitation dates and was adopted after disruption to civil hearings.
"The onus is on insurers, claimant firms and the supply chain to help keep the wheels of justice turning at this difficult time so that injured people can get the medico-legal examinations and rehabilitation treatment they need," Matthew Maxwell Scott, ACSO executive director, said.
"The more our industry can do on a shared, constructive basis the less pressure there will be on the NHS and the courts," he added.
James Dalton, director of general insurance policy at the Association of British Insurers, said the deal was evidence that insurers are willing to work with lawyers "on practical solutions through this unprecedented event."
The ABI said the measures were not binding on the groups' members.
The "statement of intent" between the ACSO and the ABI is also intended to reduce the burden on the legal system by ensuring claims are dealt with outside court as much as is possible. Measures agreed include extending negotiating times, increased use of video conferencing and using independent barristers to arbitrate a settlement.
"Hopefully, this collaborative and technology-focused approach will continue once the coronavirus has been dealt with, as it can benefit everyone," Matt Jarvis, managing director personal injury services at law firm Slater and Gordon, said.
--Editing by Ed Harris.
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