Advanced Payments: When And Why?

With the pending changes to the SABS, tort adjusters will undoubtedly be called upon by Plaintiff counsel to make advance payments to cover such things as medical expenses, lost wages and attendant care.  Seriously injured Plaintiff's facing a combined $65,000 limit for medical, rehabilitation and attendant care benefits will start looking for funds from the tort defendant in advance of a settlement or trial.  With a five year limit set to be imposed on non-catastrophic Plaintiffs to access these benefits, it is conceivable that many Plaintiffs will have either used up, or no longer be entitled to receive such funds, before their cases get to trial.

The benefits of an advance payment from the defendant's perspective may not be obvious.  Traditionally, there has been reluctance to consider such requests, unless there is a proven shortfall in AB funding along with a documented need for further funds.  The notion of an advance payment generating "good will" with the