Employers’ liability insurance; motor insurance; Road Traffic Act; statutory interpretation
Employee injured while on a stationary lorry operating a cherry picker. Question of whether accident covered by employers’ liability or motor policy depends on whether employee was “being carried in or upon a vehicle”.
Going to court
After four years of litigation court rules in favour of motor insurer with employer’s liability insurer incurring £75,000 of own costs and paying £52,000 towards motor insurer’s costs.
Referral to CFJ
Initial guidance given by assessor, a leading insurance QC, and employers liability insurer withdraws claim. CFJ's fees of £6,000 shared between the parties.
Benefits of using CFJ:
Saving in costs for motor insurer: £10,000 (77%)
Saving in costs for employers’ liability insurer - £124,000 (97%)
Substantial savings in staff time for both insurers
Employee receives his compensation quickly and can start rehabilitation