Thought leadership
Automated Vehicles Act 2024 – Driverless, but not directionless: the DfT consultation on automated vehicle safety
19 June 2026
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Background
When an insurer or organisation suffers a loss or pays a claim against it, or a claim it is liable for, it can either bear that loss itself or consider if a recovery is possible. For example, if a pub chain suffers an escape of water at one of its properties caused by the negligent work of a plumber, it will pay the repair costs (or if insured its insurer might) and then that cost either comes off its profit for the relevant financial period, or it might decide to pursue a recovery of those losses against the plumber (or more likely the plumber’s insurer).
Subrogation traditionally
Whether to pursue a claim traditionally relied upon the claim handler manually considering, perhaps with the aid of internal policies and processes, whether to pursue a recovery. This could be frustrated if the handler has more pressing matters or deadlines to attend to, which can impact both the decision whether to pursue a recovery and the resource thrown at making a recovery.
How is AI shining a light?
Emerging AI firms operating in this space suggest:
Potential practical impact
Imagine for the sake of argument one has say 250 claims a year, with an average value of say £50,000. If 50% of those claims are missed, due to the focus being on repair or handling the claim itself, or other pressures of work, that could be a potential missed opportunity of £6,250,000.
If average lifecycles are say 18 months to make a recovery, that could be over £12 million delayed until the next financial year rather than being recovered in this financial year. That can be a further disincentive to pursue recoveries and / or to do so at speed.
These missed and delayed opportunities are bad enough by themselves, but the compounding missed opportunity is the inability to re-invest that cash in the business or organisation.
The future
AI is likely to increasingly assist in identifying missed opportunities, being decisive about prospects, and aid productivity in pursuing claims.
To discuss any aspect of recoveries, contact Chris Heitzman, a consultant in Burges Salmon’s Property and Asset Damage Claims Team.
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