The Power of Protocols in Personal Injury Claims

In the personal injury industry, it’s easy to forget that behind every claim reference is a human story – a client relying on us not just for support in their time of need, but also to keep improving how we work. In delivering to this expectation we should never accept ‘the way things are’ without always looking for better ways to deliver outcomes.

If I were a client embarking on a personal injury claim, I’d be thinking about three things:

1. How much will I get?
2. How much will it cost me?
3. How long will it take?

Given that, as a result of reforms, many claims are now far lower in value than they used to be, it’s not unreasonable for clients to expect less complexity and faster settlements. Unfortunately, that’s not always the case.

Most RTA PI claims involve one or more of the following three core types of treatment:

1. Physiotherapy – focused on restoring movement and function through exercise, massage and manual therapy.
2. Psychological Therapy – such as CBT or trauma-focused therapy, often required for customers dealing with anxiety, PTSD or emotional distress post-accident.
3. Chiropractic or Osteopathic Care – used to treat musculoskeletal injuries, particularly spinal or joint-related issues.

Let’s take physiotherapy as an example – the most common form of treatment our clients undergo. While the treatment itself hasn’t changed much, the complexity in securing it often lies in recovering the cost from the defendant’s insurer.

When a claim is complex, with multiple injuries and losses, some back and forth over rehabilitation costs is expected and doesn’t usually frustrate the client. But for simpler claims, where physio might be the only point of negotiation, delays can be incredibly frustrating.

That’s where protocols can play an invaluable role in delivering for the client.

These protocols take the shape of pre-agreed arrangements between the defendant insurers and the clients rehab provider, setting mutually acceptable rates and removing the need for protracted negotiation. It’s essential that the law firm representing the client is aligned with these discussions, to ensure a more joined-up and seamless approach.

Protocols aren’t new to the sector. They’ve been used for years in areas like credit hire, where agreed rates help avoid disputes and speed up settlements. What’s new is applying that same structured approach to rehabilitation, an area that has not always received the same attention.

By bringing protocols into rehab, we’re reducing delays and putting the customer’s recovery front and centre.

It might sound simple, but it’s not. It requires all parties, often with competing priorities, to work together toward a shared goal. Where this has been achieved, the results speak for themselves. In early cases, we’ve seen a 60% reduction in negotiation time, with most settling in the first round. That’s a big win for the client and a meaningful step toward faster, fairer outcomes.

Having previously required the services of Minster Law to pursue my own personal injury claim following a road traffic accident, I experienced firsthand the frustration that can accompany making a claim – even with a solid understanding of the process from working within the industry.

Despite my background in in personal injury law, I found myself disheartened by the lack of movement in my own case. I understood that the delays were largely due to the cautious and methodical approach taken by the defendant’s insurer, which while intended to protect their position, made progress more challenging at times. Whilst it was clear to me that my legal representatives were always acting in my best interests, the experience highlighted how, for many clients, the reasons behind delays can be unclear and understandably frustrating – especially for those unfamiliar with the complexities of insurer–solicitor interactions.

The ‘us versus them’ mentality is deeply rooted in the PI sector, shaped by years of litigation and adversarial practice. While this approach may have once served a purpose, it now often stands in direct conflict with the best interests of the client.

Encouragingly, we’re seeing the benefits of a more collaborative approach. By engaging in open dialogue with rehabilitation providers and insurers, we’ve significantly reduced negotiation times. More importantly, we’ve demonstrated that mutually beneficial agreements can be reached without resorting to lengthy and costly litigation.

The benefits of a collaborative approach are also being noted by the defendant’s insurers. Recently, a senior manager of one of the largest motor insurers in the UK encapsulated this perfectly, when asked how they feel about relationships and protocols we have agreed:

“Protocol agreements between parties around Rehabilitation costs are effective for all parties concerned. By using protocols we have seen a higher rate of rehabilitation costs claimed at Stage 2 agreed at first offer, and particularly on cases where rehabilitation would be the bone of contention in terms of negotiation, this has meant more cases settling earlier at Stage 2, leading to OPEX savings and ultimately, bringing the case to conclusion to all parties satisfaction earlier. Less cases go into Litigation, and ultimately a good customer outcome is achieved earlier and with less effort”

These partnerships are helping to foster new levels of professional respect and trust, replacing outdated attitudes of suspicion. They’re paving the way for better protocols, faster outcomes and ultimately a more supportive experience for our clients.

At Minster Law, we’re committed to continuing to challenge the status quo – because when we stop arguing and start cooperating, the biggest winners are always our clients.