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Report No. 85

Procedure of Boards.- Some general traits of the procedure of the Traffic and Liability Boards may be of interest; on the whole, cases are dealt with in the same way in both. The insurer which refers the question of damages to the board delivers the documents in the case, stating the settlement that it proposes and the reasons for its position; this proposal is only preliminary, and the insurers feel at liberty to raise or reduce the amount at a later stage. At the same time, the insurer presents a short memorandum containing all the essential facts of the case, including medical testimony and reports made by some insurance company employee about the economic and social circumstances of the claimant.

The memorandum and the proposal are distributed to the members of the board in good time before the meeting. If the victim is represented by counsel, the insurer will generally have provided counsel with all relevant information. Counsel are permitted to see the memorandum too, although it is not regularly communicated to them, but the proposal of the insurer is considered confidential. As for the claimant who has no lawyer, it is not always thought advisable that he should read all the medical testimony and reports on his living conditions; in other respects, he is treated in the same way as his legal adviser would be.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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