Depending on the value of your road traffic accident claim will determine which process applies.

Our expert team explain the process as follows:

Road Traffic Accident Claims Under £25,000

If your accident happened after 6^th April 2010 the following procedure will apply:

A claim notification form is sent directly to the Defendant’s insurance.

The Defendant’s insurers have 15 business days to respond, 30 days if it is the Motor Insurance Bureau (MIB)

For the case to remain within the process, there must be an appropriate admission i.e. the Defendant must accept liability and the admission be an admission of fact, breach and causation although they do not have to agree the extent of the causation.

In the event contributing negligence is claimed then the matter falls out of the process.

If liability is denied then the matter will exit the process and the Personal Injury protocol will have to apply.

Stage 2 – In the event the Defendant accepts liability:

If the Defendant accepts liability the Claimant’s solicitors will obtain a medical report. One medical report is permitted subject to any recommendation of any further reports.

The Claimant’s solicitors must complete a settlement pack and serve this to the Defendant’s solicitors.

The Defendant has 15 days to accept the offer put forward or a counter-offer and they will complete the same settlement pack setting out what they agree with and what counter proposals they have.

The Claimant’s solicitors have 20 business days to consider any counter-proposal which can be varied.

Stage 3 – Only where quantum cannot be agreed:

If quantum cannot be agreed the Claimant’s solicitors complete the stage 3 settlement pack and serve this on the Defendants. The Defendant has 10 business days to complete their section. If they do not comply with this time the Claimant can make an application to the Court anyway.

The Claimant’s solicitors will send to the Court the claim notification, medical evidence, stage 3 settlement pack including final offers in a sealed envelope, receipts for special damages and disbursement vouchers and no witness evidence is to be submitted, and there can be a request for an oral or paper hearing.

In the event that the claim falls out of the RTA portal, and/or the claim is greater than £25,000, then the PI protocol applies

This is where the Claimant’s solicitor will forward to the Defendant’s solicitors/insurers a letter of claim. The Defendant has 21 days in which to acknowledge the form and further 3 months to provide a detailed response from the date of receipt of the letter of claim.

Thereafter it is the Claimants responsibility to obtain the necessary and appropriate medical evidence and to make appropriate offers to the Defendant to attempt to settle the matter.

In the event no agreement can be reached the claim will need to be issued and the Court will make a determination on liability and quantum subject to both being in dispute.

It can be possible that the Defendant can accept liability and therefore the only issue is quantum which can be addressed by the Court.

If you require our assistance or wish to check if you can make a road traffic accident claims, get in touch with our expert Personal Injury Team today on 0114 3583134 or email us via our contact page.