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Ideas of Reform - Coggle Diagram
Ideas of Reform
State Run Benefit Scheme
(Compensation/Delay/Lawyers)
This scheme pays out compensation without asking why and how the accident happened.These can be paid in either lump sums or regular payments and funded through the general taxation system or by a a levy on motorist or employers.
Benefits:
there would be no need for insurance companies to be involved or to delay claim.Also there would be no need for companies to make profit as it is already paid for by their premiums of their insured.Plus they don't need to pay the salaries of their employees
Negative:
However there would be expenses to administer this scheme which can be quite costly.
There would be no need to pay the lawyer's costs for either the claimant or the defendant.This scheme will allow less confrontation and making cheaper and quicker payouts
This scheme actually pays out to those who are actually injured and not just those who are able to prove the fault
Canada: they have a state run compensation scheme which covers accidents at work.the Canadian employers are required to pay a contribution based on the dangers or their workplace to fund the scheme.This allows the compensation to be paid out without having to rove fault.
Benefit
:No intervention of the insurance companies so it means that compensation is given to people quicker = access to justice and there is no need to pay for a lawyers cost as all the claimant has to do is prove that they were injured.
Negative:
employers have to pay in this scheme to make it work.they still have to pay even if it is not their fault. People will think that it is okay to be less careful as if they get injured they will be compensated and those at fault wont really get a 'punishment'
New Zealand: They have a no fault accident compensation scheme ads well which has gone further.They cover injuries in all sort of areas not just the workplace or roads.A claimant has no right to sue except in exceptional cases.It's administered by the Accidents Compensation Commission which raises levies for employers,self employers,general taxation,government behalf of the no earners and also sales of petrol and vehicle licences. Range of benefits are paid out like:medical treatment,payments in lieu of wages and alteration t o property (if appropriate).
It was recommended by the Pearson Commission in the UK in 1975 however the conservative party rejected it
USA: There it requires every adult to gave a compulsory liability insurance which would pay out in the event of the accident .there is no suggestion that it will be used in the UK.
Negative: it is very expensive to implement and it is not available to everybody
Out of Court Settlement
(Issues dealing with confrontation)
Mediation is already in use for family cases and there are suggestions that it could be used for personal injury claims.
Benefit
: This can help reduce the cost of going to courts and deals with the issue of confrontation.Court is quite time consuming
Online Dispute Resolution is a method of using modern technology to simplify and speed up the claim process without the parties need to attend court.
Benefit:
This can help reduce the cost of going to courts and deals with the issue of confrontation.Court is quite time consuming
Online Courts:This is already in existence to deal with debt claims and could be extended to deal with personal injury claims up to a certain value
Benefit
: This can help reduce the cost of going to courts and deals with the issue of confrontation.Court is quite time consuming. Also speeds up the process of court process.
Compensation Act 2006: Reduce compensation culture
A recent proposal that being considered by the Government is to raise the lower limit of [personal injury claims to a minimum of £5,000.
Benefit:
It would be able to reduce the number of whiplash claims and allow more genuine claims to be able to go ahead and claim..However it is being considered to be used on all personal accident claims to then make use of the out of court and online methods.