Free and easily accessible AI tools are lowering traditional barriers for public liability (PL) claims. Claimants who may have previously hesitated over whether their cases were worth pursuing, no longer need to engage solicitors, secure initial advice or commit time and resources to pursue their claim. Without the historical deterrents to many claims, your business may be facing more opportunistic claims and higher costs in defending them.
With the cost of preparing a credible letter of claim and advancing a case no longer a deterrent, it’s far easier for individuals to test whether your organisation will settle quickly to avoid the expense and effort of defending claims. However, you can address the increased risk and costs associated with claims investigations and defending unscrupulous claims with robust defensibility and your own AI tools.
What’s the role of credible evidence in public liability claims defensibility?
While AI is simplifying the initiation process for claims, it hasn’t changed the foundational requirement for defensibility: your organisation’s ability to gather and present credible evidence to demonstrate discharge of its legal duty.
Success continues to depend on proving or disproving breach, causation and responsibility.
Although it’s now easier to produce polished claimant narratives, a meticulously compiled, court-ready evidence file remains the most effective defence. This is particularly vital when claimants present compelling, potentially AI-generated, photos or videos.
In such situations, any claimant material, including potentially manipulated content, could sway the outcome of a claim. This is especially true in the UK and Ireland, where a claimant need only prove their case on the balance of probabilities.
How can your business counteract the AI-driven rise in public liability claims?
Risk and insurance managers can use established evidence management discipline, as well as your own AI solutions, to counteract the AI-driven rise in PL claims.
Establish the credibility of the evidence
It's important to review every incident thoroughly, even those that might seem minor or unlikely to lead to a claim. For example, imagine a customer slips but insists they're fine, documenting what happened may prove valuable to your defence later. Remember to keep original evidence, labelled with the time and date. Pull together key internal documents, such as risk assessments and training records. Having a well-rounded pool of evidence helps maximise your claims defensibility.
Review your defensive triage processes
When faced with more frequent, template-style claims notifications, you should look to triage all claims and only escalate those that genuinely appear to require deeper consideration. Examine key details, including timing, location for accuracy, as well as signs of repeated AI-drafted language. To effectively handle initial screening and early-stage analysis, your organisation may need to move away from manually assessing claims and implement its own AI solutions, which can help triage higher volumes of claims and sustain proportional defence costs.
Make sure your policies, procedures and people are court-ready
You should regularly review your health and safety policies, especially accident reporting, to ensure they’re suitable for court. Keep records and certifications that demonstrate your staff’s training and make sure your teams can clearly explain your processes. These steps will help you identify any evidential gaps that could harm your claims defensibility in court.
To find out more on strengthening your defence and adopting AI tools to manage rising claims efficiently, get in touch.
