Wednesday, July 13, 2011

Road Traffic Claims Process

I thought I would in this post shed some light on what happens if you have a road traffic accident in England or Wales.

Road traffic accident claims are the most common cause of Personal Injury Compensation Claims and with over 30 million cars registered on the UK’s roads this is perhaps not surprising.

Since the 30th April 2010 a new process relating to low cost road traffic accident claims was introduced by the Ministry of Justice. This process applies to all road traffic accident claims where the value of the claim is deemed to be between £1,000 - £10,000.

The purpose was to create a streamlined procedure where information that is required to be passed between the Claimant’s Solicitors and the Defendant’s Insurers is standardised. The process operates via a secure electronic exchange and sets specific time scales which means that a decision on liability is produced much quicker in these cases and hopefully allowing the Claimant’s clam to be settled quicker than was previously the case.

An example is that previously Insurers would have some 90 days in which to respond with the position regarding liability under the new regulations this timeframe is reduced to some 15 days!

If liability for the claim is denied or no response received within the 15 days timescale then the matter falls outside of the new process and resorts to the traditional Personal Injury Protocol. This in itself is not a problem as the Claimant has tried to use the accelerated procedure and cannot therefore later be criticised.

So in short the new process effectively works on the basis of a 3 stage procedure:-

Stage 1 – Claims Notification Form completed by Claimant’s Solicitor and sent to Defendant’s Insurers giving them 15 working days in which to respond on liability.

Stage 2 – Following acceptance of liability, medical evidence is obtained together with details of out of pocket expenses which are then submitted to the Defendant’s Insurers for consideration and hopefully acceptance or agreement by negotiation.

Stage 3 – In the event that the matter does not conclude at stage 2 then the claim proceeds to a quantum hearing before the Court for settlement of the claim to be decided.

If you have been involved in such an accident as a driver, passenger, pedestrian, cyclist or motorcyclist then please contact us on our enquiry form on our website at
http://www.rogers-norton.co.uk/make-a-claim.htm or the Personal Injury Department at pi@rogers-norton.co.uk

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