Does the decision in Gavin Edmondson Solicitors v Haven Insurance allow insurers to take client data from the RTA portal, asks David Bott
A recent case has stirred up significant concerns across the personal injury industry. The case deals with insurers approaching clients to settle directly, having obtained their information from the road traffic accident (RTA) portal, in turn by-passing the claimant’s solicitors entirely. So what are the implications of this recent judgment for PI solicitors? Has this case given the green light to insurers to take client data from the portal?
The case
Last month, His Honour Judge Milwyn Jarman QC handed down judgment in the case of Gavin Edmondson Solicitors v Haven Insurance (13 August 2014, unreported), finding in favour of the defendant insurance company.
In this case the insurers, Haven, contacted claimants directly using information submitted to the RTA portal. This was despite the claimants having already instructed solicitors who had entered their details onto the centralised system. As a result of Haven’s approach, the claimants accepted the insurer’s compensation offer and did not pay the solicitors’ costs.
