UK Personal Injury Litigation 2009

Introduction

Personal Injury Litigation 2009 provides a comprehensive analysis of the personal injury sector. It examines patterns in claims trends and costs, as well as a concise account of the key changes taking place and how this will influence the sector in the future. The report also includes the latest developments of the main personal injury service providers and of the largest legal expenses insurers.

Scope

*Up-to-date analysis of claims trends and costs including motor bodily injury claims, employers' and public liability.

*A discussion of the main issues taking place in the market and what regulatory changes are occurring.

*Viewpoints expressed by industry players interviewed by Datamonitor including solicitors, claims management companies, insurers and trade bodies.

*An examination of the legal expenses insurance market and the claims management sector.

Highlights

Motor claims are the most successful, compared with other categories of personal injury. On average in 2008-09, 90% of all motor personal injury claims were upheld in favor of the claimant, a fairly stable success rate maintained over the last four years.

The most striking finding of this year's study into the bodily injury sector is the dramatic rise in the number of motor bodily injury claims. There were 625,000 new claims registered in 2008-09, which represents a 13% year-on-year rise.

In October 2009, the Ministry of Justice (MoJ) issued a policy report outlining the new claims process for road traffic accidents valued between £1,000-10,000 due for implementation from April 2010. Low value RTA personal injury cases are the most frequent and so these changes will have a profound affect on the total UK personal injury market.

Reasons to Purchase

*Develop your knowledge of the key patterns in claims numbers and costs, and what the driving forces are behind these trends.

*Understand how the current and proposed regulatory changes will affect your business models.

*Prepare for the future based on Datamonitor's forward looking analysis.


Report Highlights

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TABLE OF CONTENTS
Overview 1
Catalyst 1
Summary 1
Executive Summary 2
Motor bodily injury claims are rising fast 2
Market Context 9
Introduction 9
The personal injury market is mainly characterized by motor claims 9
Research suggests legal costs account for around 40–50% of total compensation 18
The number of motor personal injury claims increased by over 10% during 2008–09 19
New data shows road casualties are much higher than previously thought 22
Employers' liability claims are holding steady 29
Competitive Dynamics 43
Introduction 43
Personal injury claims firms generate around £300m in annual revenue 43
National Accident Helpline is competing hard for business 44
RBS leads the market for BTE legal expenses insurance 50
Regulation and Issues 54
Introduction 54
The Low Value Personal Injury Claims process for RTAs will lower costs 54
There are many aspects of the Jackson Review that will affect the personal injury market 58
Compensation reforms are at the center of personal injury debates and reforms 61
The CMR plans to take a harder line against non-compliance 63
Future Decoded 64
Introduction 64
The Legal Services Act 2007 will encourage competition for personal injury business 64
UK personal injury claims costs will grow to £8.8 billion by 2013 66
APPENDIX 68
Definitions 68
Methodology 69
Further reading 69
Ask the analyst 69
Datamonitor consulting 69
Disclaimer 69


TABLE OF FIGURES
Figure 1: The personal injury market in numbers (2008) 10
Figure 2: Motor claims have the highest success rate compared with any other category 11
Figure 3: Total personal injury claims came to £6.7 billion in 2008 13
Figure 4: The total number of personal injury claims continued to increase in 2008–09 14
Figure 5: Accident claims account for the majority of personal injury claims 16
Figure 6: Over three quarters of all personal injury claims are motor related 17
Figure 7: Motor personal injury cases have consistently increased since 2004 19
Figure 8: Motor bodily injury claims are the most expensive to settle 21
Figure 9: The DfT estimates that there are 800,000 RTA casualties each year compared to previously published data 23
Figure 10: RTAs have fallen by an impressive rate over the past 10 years 24
Figure 11: Casualties continued to decline across all categories in 2008 26
Figure 12: Most road users, with the exception of pedal cyclists, saw a decline in the number of casualties 27
Figure 13: Employers’ liability gross claims costs increased in 2008 29
Figure 14: The number of employers’ liability claims relating to disease has fallen significantly in recent years 30
Figure 15: Workplace deaths declined during 2007–08 35
Figure 16: Cases of lung-related occupational disease increased in 2007 37
Figure 17: The number of employment tribunal applications dipped in 2008–09 38
Figure 18: Despite dropping in number, equal pay employment tribunals still remain the most frequent 39
Figure 19: Public liability claims increased for the first time in six years during 2008–09 41
Figure 20: New entrants have been attracted into the market for offering personal injury claims management services 44
Figure 21: Claims Direct’s new advertising campaign seeks to reinvigorate the company’s brand 45
Figure 22: National Accident Helpline has outspent its rivals in H1 2009 46
Figure 23: InterResolve’s dynamic approach could change the landscape of the personal injury market 48
Figure 24: TV is a popular medium for the largest personal injury advertisers 49
Figure 25: The top 6–10 advertisers use a more mixed range of advertising channels 50
Figure 26: Personal injury costs are forecast to grow to £8.8 billion by 2013 67


TABLE OF TABLES
Table 1: Number of settlements recorded by CRU (successful and unsuccessful), 2005–09 12
Table 2: Total UK personal injury claims costs by category, 2008e 13
Table 3: Number of personal injury claims registered with CRU, split by accident and disease, 2003–09 15
Table 4: Number of personal injury claims split by accident and disease, by insurance category, 2008–09 16
Table 5: Personal injury claims split by insurance category, 2005–09 18
Table 6: Number of UK motor personal injury claims, 2003–04 – 2008–09 20
Table 7: Number of motor bodily injury claims notified and average cost , 2001–08 20
Table 8: Average motor claims cost by type, 2004–08 (£m) 22
Table 9: Road traffic accidents in Great Britain, 1998–08 25
Table 10: Road traffic accident casualties in Great Britain, 2003–08 26
Table 11: Road casualties by type of injured party, 2007–08 28
Table 12: Employers’ liability gross claims costs, 2004–08 (£m) 29
Table 13: Number of employers’ liability personal injury claims split by accident and disease, 2003–04 – 2008–09 31
Table 14: Number of claims made and total compensation paid for respiratory disease and VWF under the British Coal scheme as of April 5, 2009 32
Table 15: Workplace injuries reportable under RIDDOR, 2003–4 ? 2007–8p 33
Table 16: Workplace injuries reportable under RIDDOR, excluding acts of violence, 2003–04 ? 2007–08p 34
Table 17: Workplace fatalities reported under RIDDOR, 2003–04 ? 2007–08p 35
Table 18: Total estimated workplace injuries reportable to the HSE, 2003–04 ? 2007–08p 36
Table 19: Number of cases of occupational disease and work related mental ill-health, 2003?07p 37
Table 20: Number of applications registered by employment tribunals in the UK, 2002–09 40
Table 21: Number of UK PL personal injury claims, 2001–09 42
Table 22: Top 20 personal injury advertisers 2005–H1 2009 (£’000s) 47
Table 23: Legal expenses GWP by insurer, 2005–08 (£’000s) 53
Table 24: Key drivers affecting the UK personal injury market claims bill, 2009f–13f 66
Table 25: UK personal injury claims cost, 2008e–13f (£m) 67


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TABLE OF TABLES
Table 1: Number of settlements recorded by CRU (successful and unsuccessful), 2005–09 12
Table 2: Total UK personal injury claims costs by category, 2008e 13
Table 3: Number of personal injury claims registered with CRU, split by accident and disease, 2003–09 15
Table 4: Number of personal injury claims split by accident and disease, by insurance category, 2008–09 16
Table 5: Personal injury claims split by insurance category, 2005–09 18
Table 6: Number of UK motor personal injury claims, 2003–04 – 2008–09 20
Table 7: Number of motor bodily injury claims notified and average cost , 2001–08 20
Table 8: Average motor claims cost by type, 2004–08 (£m) 22
Table 9: Road traffic accidents in Great Britain, 1998–08 25
Table 10: Road traffic accident casualties in Great Britain, 2003–08 26
Table 11: Road casualties by type of injured party, 2007–08 28
Table 12: Employers’ liability gross claims costs, 2004–08 (£m) 29
Table 13: Number of employers’ liability personal injury claims split by accident and disease, 2003–04 – 2008–09 31
Table 14: Number of claims made and total compensation paid for respiratory disease and VWF under the British Coal scheme as of April 5, 2009 32
Table 15: Workplace injuries reportable under RIDDOR, 2003–4 ? 2007–8p 33
Table 16: Workplace injuries reportable under RIDDOR, excluding acts of violence, 2003–04 ? 2007–08p 34
Table 17: Workplace fatalities reported under RIDDOR, 2003–04 ? 2007–08p 35
Table 18: Total estimated workplace injuries reportable to the HSE, 2003–04 ? 2007–08p 36
Table 19: Number of cases of occupational disease and work related mental ill-health, 2003?07p 37
Table 20: Number of applications registered by employment tribunals in the UK, 2002–09 40
Table 21: Number of UK PL personal injury claims, 2001–09 42
Table 22: Top 20 personal injury advertisers 2005–H1 2009 (£’000s) 47
Table 23: Legal expenses GWP by insurer, 2005–08 (£’000s) 53
Table 24: Key drivers affecting the UK personal injury market claims bill, 2009f–13f 66
Table 25: UK personal injury claims cost, 2008e–13f (£m) 67

TABLE OF FIGURES
Figure 1: The personal injury market in numbers (2008) 10
Figure 2: Motor claims have the highest success rate compared with any other category 11
Figure 3: Total personal injury claims came to £6.7 billion in 2008 13
Figure 4: The total number of personal injury claims continued to increase in 2008–09 14
Figure 5: Accident claims account for the majority of personal injury claims 16
Figure 6: Over three quarters of all personal injury claims are motor related 17
Figure 7: Motor personal injury cases have consistently increased since 2004 19
Figure 8: Motor bodily injury claims are the most expensive to settle 21
Figure 9: The DfT estimates that there are 800,000 RTA casualties each year compared to previously published data 23
Figure 10: RTAs have fallen by an impressive rate over the past 10 years 24
Figure 11: Casualties continued to decline across all categories in 2008 26
Figure 12: Most road users, with the exception of pedal cyclists, saw a decline in the number of casualties 27
Figure 13: Employers’ liability gross claims costs increased in 2008 29
Figure 14: The number of employers’ liability claims relating to disease has fallen significantly in recent years 30
Figure 15: Workplace deaths declined during 2007–08 35
Figure 16: Cases of lung-related occupational disease increased in 2007 37
Figure 17: The number of employment tribunal applications dipped in 2008–09 38
Figure 18: Despite dropping in number, equal pay employment tribunals still remain the most frequent 39
Figure 19: Public liability claims increased for the first time in six years during 2008–09 41
Figure 20: New entrants have been attracted into the market for offering personal injury claims management services 44
Figure 21: Claims Direct’s new advertising campaign seeks to reinvigorate the company’s brand 45
Figure 22: National Accident Helpline has outspent its rivals in H1 2009 46
Figure 23: InterResolve’s dynamic approach could change the landscape of the personal injury market 48
Figure 24: TV is a popular medium for the largest personal injury advertisers 49
Figure 25: The top 6–10 advertisers use a more mixed range of advertising channels 50
Figure 26: Personal injury costs are forecast to grow to £8.8 billion by 2013 67



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