Principle 4:
The victim’s claim should be handled pro-actively, diligently and respectfully. Within an appropriate time period the victim should receive information about the process by which the claim will be handled and by whom.
In examining the details behind this principle, what stands out is the emphasis on respect and empathy for the road traffic victim, values that lie at the very heart of the Charter of Road Traffic Victims’ Rights.
Such ‘respect’, while obviously primarily aimed at the victims, delivers benefits that reach others too. By encouraging respect to be shown, the Charter is also helping to pave the way for a smoother claims handling process, which ultimately is in the interests of all parties involved. Providing respect can help make sure it is mutually received by both the victim as well as the compensating party.
Importantly, in order for that respect to be delivered, this principle emphasises that communications around the compensation process should not be just one way and in a single direction. All the work shouldn’t just be left to the victim to handle. The compensating party (whether it is an insurer, a bureau, a correspondent, claims representative, guarantee fund or other) should not sit back and wait for the victim to formulate their claim and submit the supporting evidence. They should take a more pro-active approach to addressing the claim.
The type of good practice envisioned by the Charter is for the compensating party to examine the details of the accident once they receive the claim, informing the victim about how the claims handling process works, what steps to follow and how it usually proceeds. This pro-active communication should also take place in a diligent and respectful manner.
Thankfully, this also seems to be the approach that is being increasingly embraced by compensating parties. Many are already taking a pro-active approach to claims handling and in their interactions with victims. They can see how it is in both parties’ interest to have a quick view on the exact impact of the accident and its consequences. The sooner the relevant information can be collected and exchanged, the smoother it makes the compensation process. It becomes much simpler to advance.
Another positive aspect of this approach is that it helps discourage exaggerated claims from being submitted. When victims know their claim will be handled in line with this principle, they can be satisfied that it will be quickly processed and they will receive the compensation they are due.
When it comes to providing compensation, time really is money, which is also why there is a focus on handling these matters diligently. The longer the process takes, the more it can lead to frustrations.
The victims can become frustrated because they are having to wait unreasonably long to receive the compensation they are owed. While the compensating parties may face frustration as compensation tends to be higher if it is paid out later. Late payments don’t just increase the sums involved, but claimants may also be more likely to insist upon a stricter approach if they are made to wait.
It should also be noted that the values of respect and diligence are meant to be followed in both directions – from the compensating parties to the victim, as well as from the victim towards the compensating parties. Acting in this manner helps create a mutual level of trust and esteem, which benefits all those involved in handling the claim.
Having respect for victims is one of the foundational values behind the Charter of Road Traffic Victims’ Rights. Principle 4 of the Charter makes that clear and reinforces a better way of working for the handling of claims.
