Early Expert Evaluation

Very often the answer to a disputed claim lies in the “insurance practice” box rather than the “legal” box. The policy wording is just a small part of the overall contract of insurance. It does not contain all the answers.

The prospects of succeeding in a disputed insurance claim are significantly enhanced with an Early Expert Evaluation of the merits of your case.  Within a very short time, and at an affordable cost, an early expert evaluation of your claim can provide you with a percentage prospect of success together with an estimate of time and cost involved.

EXPERTS TO THE COURTS

As recognised experts to the courts, we know how they will typically judge a claim and claimant. What would ‘an insurance expert’ be duty-bound to say to the court? That is the key to the door for resolution.

Expert evidence will often tip the balance – and because of that we rarely have to litigate.

Early Expert Evaluation

What is an expert evaluation?

The legal process in the UK allows a claimant and defendant to each engage an expert in the subject matter of the dispute to present their expert opinion on the merits of each party’s case.  The experts are bound by strict rules of conduct and standards of presentation in the reports that are presented to the court.

An expert before a court is bound to inform the court of the standards and practices pertaining to the expert’s industry or subject matter and the judge will take into consideration the evidence of the expert/s in his or her judgment.

An early expert evaluation is written to the same standards as an expert to the courts would be required to attain.  Armed with an early expert evaluation on the merits of your case you have three options.

Option 1

Take the early expert evaluation to a solicitor and ask them to commence legal proceedings based upon the evaluation.

Option 2

Take your claim to the Financial Ombudsman Service* and use the early expert evaluation to assist you in making your case.

Option 3

Instruct Flaxmans to take up your claim with the insurer and seek a non-litigated solution.

Our experience of insurance dispute resolution for both commercial and private customers has shown that non-litigated negotiation with insurers very often pays off when it is conducted by experts that the insurers can rely upon and respect as understanding the principles and practice of insurance.

Non-litigated dispute resolution is preferable for several reasons:

  • it is non-adversarial and non-threatening.
  • it can preserve commercial relationships with parties interested in the claim.
  • it can avoid the risk of increased future insurance premiums and reduce the risk of being declined insurance by future insurers.
  • it is significantly less expensive than litigation.
  • it avoids the risks of adverse costs in litigation that fails.

There are no downsides to an early expert evaluation or to the process of non-adversarial dispute resolution. You continue to retain the right to go to litigation if the alternative dispute resolution is not successful. The facts and information gathered in the non-adversarial process provides a valuable platform upon which to determine the course for formal litigation and assists the solicitor in advising you.

What next?

If you have an insurance dispute you can first of all speak to one of our consultants who will quickly be able to advise you on the best course of action.

The cost of our service starts from £4000 including VAT according to complexity – which is considerably cheaper than instructing a solicitor.  The cost is determined by the volume of documentation to be considered, the history of the claim and its complexity.  Our preliminary discussion with you will enable us to give you a price.

Cost/ Benefit

It is important to keep the cost and benefit of dispute resolution in focus and in proper balance; there is no point in spending £10,000 to resolve a £10,000 claim. There is every reason to spend £10,000 to resolve a £100,000 claim.

The Expert Evaluation Report

You will receive from us a formal report setting out the facts and our opinion and recommendations.  The report is intended for you and for anyone to whom you wish to refer it.  The purpose of the report is to inform you of your prospects of success in your claim and the pros and cons of pursuing it.

The Financial Ombudsman Service

This was set up by Parliament to resolve complaints between financial businesses and their customers.

The FOS can help with most financial services, including banking, insurance, PPI, loans, mortgages, pensions and investments and the Service is free without the right presentation we are more and more finding that when approached direct clients are getting their cases rejected.

Armed with the Expert Evaluation Report from Flaxmans, and for a set fee of £1,500.00 plus vat, we will submit your claim along with the evidence that will support your insurance claim dispute.

We will submit and manage the process and provide ongoing advice including what to accept and what to reject.