“On March 29, 2020, the Ministry of Justice published a decree implementing the processing of personal data, the purpose of which is the development of an algorithm intended to evaluate public policies in the field of civil and administrative liability, and draw up an indicative benchmark for personal injury compensation. (…)
Behind the objective of creating an indicative benchmark for compensation for bodily injury is a desire to encourage the litigant to resolve his dispute amicably and not to bring it before the judge. It is moreover an announced purpose of the processing to provide “information to the parties and assistance in assessing the amount of compensation to which the victims may claim in order to promote an amicable settlement of disputes. . (…)
The judicial union points to the risk of “diversion of litigation in matters of bodily injury, all the more attractive as the lack of staff in court and the accumulated stocks will make impossible any rapid judicial response, the only way to avoid diversion complete”.
That said, for diversion to begin through the use of a tool that would predict the expected compensation, it is still necessary that litigants, as well as their lawyers, have access to the tool and the way which it was designed to detect various biases that may have been introduced, otherwise a reflex of mistrust could arise and the complaints would then be brought before the judge.
Indeed, if the design and operation of the tool are not transparent, there is every reason to imagine that it will win the confidence neither of litigants, nor of the insurers responsible for proposing compensation offers. “
Find the article in its entirety in the magazine EXPERTISES – June 2020 – p. 244