Following the introduction of the Medco Portal there has been real uncertainty and a lack of control for lawyers when instructing medical experts for whiplash reports.
The carousel nature of the new arrangement for whiplash cases has forced many lawyers to use medico legal agencies they have never used before and in some cases never heard of. The obvious implications of this has been the reduction in the credit terms available, unreliable reports and fee earners not sure who to instruct. With some of the major medico legal companies registering multiple agencies this has caused the government to take prompt action by reviewing Medco after just 3 months, instead of the planned 6 months. This sudden review sent another shockwave through the industry to further destabilize an already difficult market.
Here at ARAG we try to offer effective solutions to combat the turbulence in the market and help to protect claimants against uncertainty. Our policy provides “A” rated indemnity for clients to cover disbursements and also defendant’s adverse costs and disbursements should the case fail. This provides lawyers with certainty that should they not receive supporting evidence from a medical report they are able to claim this in full from the policy rather than worrying about agency write off facilities.