A Yorkshire-based solicitors firm has become the first company in the UK to launch a new service aimed at protecting those under 18 against new rules on personal injury claims.
Young victims of road accidents will lose certain rights to seek redress as part of the Civil Liability Reforms, due to come into force in April.
But Heptonstalls Solicitors, which has offices in Goole and Pontefract, has adopted new technology that automates elements of the small claims process for RTAs.
The forward-thinking firm which has had roots in Yorkshire for over 200 years and which specialises in personal injury and medical negligence, will use the unique ‘Call Brian’ platform, developed by specialist finance providers BMS Funding, to ensure they can continue to offer vital support on a pro bono basis.
Shane Hensman, a director at Heptonstalls, said: “The government’s impending Whiplash Reforms will have a significant impact, and for those under 18 particularly – they present a double blow. By law their cases must be settled by a court and so they’re prohibited from using the new LiP portal, but at the same time they’ll be unable to obtain legal representation because solicitors will no longer have their fees paid.
“My own daughter is 17 next year and will start to drive. Should she be involved in an RTA and is injured – through no fault of her own – under the Civil Litigation Act, she’ll simply have nowhere to turn. We want to ensure that those like her will continue to receive the justice they deserve and that’s why we’re pledging to support them in this way after the changes come into effect.
“As a firm, we’ve been helping young and other vulnerable people across Yorkshire for decades and our offer of this free service to under 18s is testament to our ongoing commitment to those in need.
“It’s a way of giving something back to the community.”
The limit for recovering the cost of small personal injury claims will increase from £1,000 to £5,000 as part of the reforms. Though cases involving vulnerable groups including children are excluded, there’s no such exemption relating to injuries suffered in a road accident.
It means that legal fees for personal injury claims below £5,000 will not be redeemable and that firms relying on such cases will not be able to recover the costs.
The new tariffs mean that children with injuries lasting up to nine months could expect to receive a maximum of £765 compensation – leaving them without legal representation.
The innovative ‘Call Brian’ system is a fully automated platform that removes the labour costs associated with running a case.
It will ensure those with a genuine case for smaller claims will continue to have access to justice and enable firms specialising in RTA claims to maintain vital services.
Mr Hensman added: “The increase in the small claims track limit presents a major problem for all legal practices that specialise in RTA cases.
“But our investment in this new platform means we can continue to provide support where it’s needed and we’re delighted that BMS Funding had the foresight to develop such pioneering technology.”
The first-of-its-kind ‘Call Brian’ platform was launched in August 2019 by BMS Funding in collaboration with digital specialists Claims Technology.
The platform takes direct instructions on a claim, carries out a compliant ID check, prepares retainer documents and sends automatic chaser messages to clients.
Medical appointments are automatically scheduled through the MedCo system and, once the case has been progressed, the system will prepare stage two settlement packs so it can reach completion.
Carlyle Cummings of BMS Funding, said: “The Civil Liability Bill will greatly impact the personal injury sector.
“The cost of processing a personal injury claim in a traditional manner will become prohibitive and that will make it difficult for people who are genuinely injured to seek the compensation they’re entitled to.
“It will also have a significant impact on the legal sector and all firms that specialise in these cases will struggle to survive.
“They will need to digitise in order to run cases profitably and we’ve developed a solution that provides them with a much more positive outlook.
“By saving expensive labour costs, we’re essentially making it possible for solicitors to maintain this revenue stream as well as focus their time on securing more profitable business.”
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