October 2020 E-Bulletin

This month's E-Bulletin topics include:

  1. Upcoming TRS Enhancements: October Update
  2. Supplemental Damages Filings – Do’s and Don’ts
  3. Enhancing Member Experience
  4. NASP 2020 Annual Conference: Roaring Subro

Upcoming TRS Enhancements: October Update

Illustration of business people sitting on a monitor and tabletAs previously communicated in the July 2020 E-Bulletin, AF is dedicated to providing our membership with regular updates on enhancements to our products and services. Focused on innovation, AF is dedicated to bringing our membership the tools required to meet the needs of an evolving industry. 

Below is an update on enhancements we have previously announced, which have been made possible by your feedback.
  • PIP and Medical Payment Arbitration in Total Recovery Solution® (TRS®) (December 14, 2020) – On Monday, December 14, AF will introduce enhanced functionality to allow the filing of new PIP and Medical Payment (Med Pay) coverages within Total Recovery Solution® (TRS®). Note: Does not include NY PIP. By filing these coverages in TRS, members will benefit from reduced cycle time and improved decision quality. To ensure a seamless transition for our members, filing PIP and Med Pay in TRS is recommended, with the Online Filing (OLF) platform still available for use.

    AF will offer training webinars specific to PIP and Med Pay beginning November 1. In addition, tutorials and job aids will be available on the AF website.  
  • Admit Liability (November 21, 2020) – Most arbitration cases are two-party cases for damage disputes only, yet both parties are required to enter their liability arguments and attach their supporting evidence in TRS. AF is introducing a new E-Subro Hub feature within the Counter Offer and Reduced Payment negotiation actions that will allow the responder to admit 100% liability. In the event the demand proceeds to arbitration, the 100% liability admission will carry over into TRS. Companies will opt in to this new feature through a new company configuration option. 
  • Shared Evidence (October 31, 2020) – As communicated in the June 2020 E-Bulletin, AF’s Board of Directors approved the update to Arbitration Rule 5-3. For Auto supplemental filings, evidence submitted by the parties to support or dispute the supplemental damages will be viewable to the parties on the initial filing.

    Any new party subsequently added to the case (to recover their damages from one or all of the initial parties) would not see the public evidence. Users should review their evidence and redact any Personally Identifiable Information (PII) it may contain.

    Please see the screenshot below for an example.
Screenshot of Case Overview tab
As mentioned in July, AF will also be focused on updating the user interface platform to enhance the TRS experience and performing a phased launch of TRS Auto Visualization Metrics in Q4. In Q1 and Q2 2021, we will be releasing TRS enhancements to provide users the opportunity to update certain aspects of their arbitration filings and responses after submission. 

Additional details and training materials will be shared as we near the release dates. Each of these enhancements involves a unique layer of complexity, and our AF teams are working diligently to bring these to you in a timely fashion.

As always, we appreciate your patience and continued support as we incorporate your valued feedback into our products and services. We take pride in delivering exceptional service to our members and look forward to releasing these enhancements later this year.
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Supplemental Damages Filings – Do’s and Don’ts

Image of a damaged blue carPlease consider the following before filing to recover supplemental damages in TRS.

  • Only add the new damages being sought.
  • Attach evidence to support the new damages, as well as evidence from prior filing regarding damages. Ex: Sometimes, Rental is sought and the arbitrator needs the repair estimate, submitted on the initial filing, to verify the rental period.
  • Recovering Party: Add a payment received from a responding company related to the new damages sought.
  • Responding Party: Add a payment made to the recovering party related to the new supplemental damages sought.
  • Include damages previously sought in the initial filing.
  • Add a payment received (recovering party) or payment made (responding party) related to the damages sought on the initial filing.
In short, supplemental filings are specific to the new damages sought. Any information presented should be related to these new damages. The exception is evidence pertaining to the prior damages, which may be useful.
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Enhancing Member Experience

Image of a man aligning blocks with stars on themCycle time and decision quality go hand-in-hand as key drivers of our membership’s satisfaction with our arbitration services.

AF’s technology and processes assign cases to arbitrators that have the appropriate qualification and experience for the issues in dispute. AF has also implemented various quality assurance measures to ensure our membership receives clearly documented decisions that are procedurally compliant and efficiently handled. Some of the checkpoints include pre-publication reviews, post-decision member reviews, and internal audits. The objective of these efforts is to identify actionable insights and coaching opportunities that help improve member experience.

As our partners in quality, we rely on our member arbitrators’ support of our efforts. People inherently want to do the best job possible and they appreciate constructive feedback that ensures they get the job done right the first time.

While arbitrators have the ultimate authority to make the decisions, AF’s commitment to our membership is to make sure the decision is procedurally compliant and the rationale is clearly documented. When necessary, a submitted decision may be returned for clarification or correction. Similarly, a published decision may be returned to confirm if a clerical or jurisdictional error was made.

Collaborating with AF staff to promptly consider the issues raised will go a long way to enhance member experience.
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NASP 2020 Annual Conference: Roaring Subro

Image of the NASP conference flyerNovember 16-17, 2020

The NASP 2020 Annual Conference will be held virtually.

Visit the NASP website to register and download conference brochures.     
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