Aipedia: Claims management companies
Personal injury CMCs can use AI for triage and medical record summaries, but they must hold compulsory PI under CMCOB 7.4 and remain liable for errors. A missed limitation date from an AI summary is a classic negligence claim.
Part of: AI in Claims management companies
In short
Personal injury is the only claims management sector with compulsory PI. CMCOB 7.4 requires at least £250,000 any one claim and £500,000 aggregate, an excess no higher than £10,000, and cover for negligent acts, errors or omissions of the firm and its staff and agents. The rules do not mention AI. AI triage and medical summaries can misread dates or miss injuries, leading to lost limitation or undervalued claims. Health data brings extra limits on solely automated decisions. PI usually responds to such negligence, subject to the wording.
Personal injury claims management involves gathering accident details, identifying who is responsible, arranging medical evidence and passing cases to solicitors. AI tools may be used to triage new enquiries by injury type and likely value, chat with claimants to collect accident details, summarise GP and hospital records, flag key dates and suggest which panel firm should take the case. Used well, they shorten the time to a decision. Used carelessly, they can lose the detail that determines whether a claim is in time and what it is worth.
Personal injury is the one area of claims management where PI insurance is mandatory. Under CMCOB 7.4, a firm that gives advice, investigates or represents in relation to personal injury claims must hold PI at all times, with an insurer authorised in a Zone A country, the Channel Islands, Gibraltar, Bermuda or the Isle of Man. The minimum terms are:
CMCOB 7.4 does not mention AI and does not set out a list of permitted exclusions. An error made with an AI tool is still a negligent act, error or omission of the firm.
Illustrative scenario. An AI summary of a claimant's medical records gives the date of a follow-up appointment as the accident date. The triage tool therefore treats the claim as recent and puts it in a standard queue. By the time a person reviews the file, the limitation period has expired and the solicitor declines the case. The claimant alleges the CMC's negligence caused the loss of their claim.
A second pattern is undervaluation: a summary that misses a secondary injury or psychological symptoms leads the CMC to place the claim in a low-value track or advise the claimant it is not worth pursuing. Our lost limitation claim entry and Limitation Act overview explain why time bars are so unforgiving.
A missed limitation date or undervalued claim caused by an AI summary is a classic negligence allegation, and the compulsory CMCOB 7.4 cover is there for exactly that. Subject to the policy terms, the firm's PI would usually be expected to respond to the claim and defence costs, with the firm paying the excess, which cannot exceed £10,000 per claim under the rules. Points to check are whether your limit is above the regulatory minimum if you handle higher-value cases, how related errors from one tool are aggregated, and whether any AI or technology wording has been added. Notify circumstances promptly when you discover a possible missed date. Partner solicitors carry their own cover, discussed in PI for personal injury solicitors.
Apex arranges PI for claims management companies, including the compulsory cover personal injury CMCs need. A broker can check that your policy meets CMCOB 7.4 and how it treats AI-assisted triage and summaries. See AI in claims management and Does claims firm PI cover AI errors?.
CMCOB 7.4 requires PI at all times with at least £250,000 any one claim and £500,000 aggregate per year, an excess no higher than £10,000 per claim, defence costs included, and cover for claims arising from circumstances notified in the period. The insurer must be authorised in a permitted jurisdiction.
CMCOB 7.4.3R requires cover for negligent acts, errors or omissions of the firm and those acting for it, and the rule does not mention AI. An error made with an AI tool is usually treated as the firm's error, subject to the policy terms.
Take care. Medical information is special category data, and Article 22B of UK GDPR restricts solely automated significant decisions using it. Human review of rejections is the safer approach, and helps meet Consumer Duty expectations for vulnerable claimants.
Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.
Start a PI quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.