This briefing is to advise potential examples where Adjusting Solutions might be instructed and where our expertise can provide additional resource or value. Adjusting Solutions can be instructed to take control and lead individual cases or alternatively we are happy to support and work with existing delegated authority adjusters, law firms and claims management businesses (subject to normal rules of conflict and confidentiality) providing specialist input.
1) Large multi-claimant product liability claims, including group - These claims can be very high profile and develop quickly with serious brand and commercial issues for the businesses involved. Adjusting Solutions can co-ordinate the PR and Corporate aspects and lead the development and management of a bespoke claims notification and handling process.
2) Liability claims in the Agriculture, Horticulture, Forestry and Aquaculture Industries. - Specialist industries where a correct understanding of the processes involved is critical to successful claims handling. Adjusting Solutions can provide a technical review of both causation and quantum. We can assist in identifying the correct claims strategy and ensure that the most appropriate and effective use is made of industry experts.
3) IT and new technology related liability claims. – An industry where identifying how losses occurred and the consequent impact can be complex with serious financial effects. Adjusting Solutions, with our specialist IT capability, can investigate hardware, software, security and connectivity issues, identifying cause, the impact on quantum and can evaluate potential risk management solutions.
4) Financial Loss. - Whenever a contractual claim arises there is potential for financial loss, which may well exceed any damage claim. Adjusting Solutions, with our combination of adjusting and forensic accounting expertise, can extract the relevant financial data pertinent to contractual terms, undertake appropriate analysis and relate this to potential legal liability and policy application over a range of industries, businesses and professions to give a sound based for negotiations or court appearance.
5) Product Liability and Recall claims in the chemical, food and engineering industries. – A failure of a small quantity of ingredient can have a disproportionate and widespread impact. Adjusting Solutions have extensive experience of claims involving both contamination and formulation issues and can assist in identifying root cause and the likely extent of potential losses extending from that cause. We can assist in developing the most effective strategy to mitigate and manage the losses to conclusion.
6) Liability claims in the railway industry. - Since privatisation there has been a complex contractual structure which determines the liability, recoverability and calculation of quantum between the industry parties and the handling of third party claims. Adjusting Solutions with our detailed knowledge of the railway industry including the working of the Performance Regime which controls consequential loss and the CAHA agreement, can provide technical support to determine the extent of liability and ensure that quantum has been correctly calculated.
7) Construction losses. - Whether in design, build, servicing or ownership construction claims usually result in a reapportionment of the contract sums combined with potential liquidated damages or loss of anticipated income claims. Adjusting Solutions can provide additional investigative support to ascertaining the nature, cause and quantum of additional costs sought and identify and allocate these based on liabilities rather than arbitrary commercial or financial considerations.
8) Product Liability - financial loss extension. - When deficient material or defective products are supplied contract terms may leave the supplier open to all forms of financial loss claims ranging from rip and tear costs to damage to reputation. Adjusting Solutions can provide the careful forensic analysis needed for such costs allied to a complete understanding of contract terms and expectations of the contracting parties, including the insurer.
9) Distribution and the supply chain. - The movement of goods is now global, can be swift, crossing jurisdictions and often without contractual clarity .Any party to the chain can find themselves held liable following an incident, often with significant commercial pressure attached. Adjusting Solutions can carefully analyse the cause, the contractual responsibilities of the parties, the insurance and recovery issues and quantum in the light of those issues.
10) Subrogation/Recovery Claims. - Recovery is often an afterthought, weakening any successful outcome. Subrogation is one way of improving the bottom line for insurers. Adjusting Solutions apply both adjusting expertise and business acumen to sustaining recoveries and have a facility with Lawyers to pursue matters in court on an ATE backed insurance scheme where appropriate.
