Winning Strategies for Successfully Managing the AB File in Anticipation of Litigation

THE PRIMARY DIRECTIVE: KEEP THE BENEFITS PAID AND DO NO HARM TO THE TORT CASE

On any accident benefit file, large or small, my goal is to ensure that my clients receive the benefits that they are entitled to, in a timely way, and that they continue for so long as they remain entitled. Accident benefit files can be very time-consuming, so getting the benefits paid efficiently is in not only my clients’ interests but also my own. Often, it need not be an adversarial experience to get the benefits paid; often all that is required is careful completion of the appropriate paperwork and submission of all necessary documents to the accident benefit adjuster.

The most successful accident benefit files that I can manage are those which do not proceed to litigation or arbitration. The most successful AB files in which I am involved support the tort file. The opinions are complimentary to the arguments that I am trying to advance in the companion tort action. The corollary to keeping AB benefits in pay is “Do no harm to the tort case”.

Along the way, I have developed a number of strategies that assist me in achieving my primary directive. In no particular order, here is what I find works for me.

Winning-Strategies-for-Successfully-Managing-the-AB-File-in-Anticipation-of-Litigation

Presented at The Canadian Institute's Advance Forum on Motor Vehicle Accident Litigation - Latest Developments and Trends in Advancing and Defending First Party and Liability Claims, September 25 & 26, 2007

Andrew Murray

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