Lawson-West’s personal injury solicitors and lawyers are ready to use the new Road Traffic Accidents Claims Process. This new process is a result of the Ministry of Justice streamlining of lower value accident claims following road traffic accidents, i.e. claims worth less than £10,000 (excluding vehicle damage and hire charges), which would include most whiplash injury claims.
The new process requires all communication between accident victim Claimant Solicitors and Defendant insurers to be electronic.
The new process will only apply where the Defendant’s Insurers admit liability in full or admit liability but claim that the accident victim contributed to the injuries by failing to wear a seat belt, within 15 working days from receiving the electronic claim notification form from the accident victim’s Solicitor.
There are 3 stages to the new process:-
1. Claim to be notified to Defendant’s insurers and confirmation of admission of liability;
2. Obtaining medical evidence of injuries, documentation for financial losses such as loss of earnings and settlement negotiations with Defendant’s insurers. There are set time periods for negotiation but these can be extended by agreement if settlement is likely to be reached;
3. If a settlement cannot be agreed, the evidence is submitted to Court for a Judge to decide what compensation award should be made.
If a settlement has to be decided by the Court, this will be via a paper or oral hearing, which is more streamlined than a normal hearing or trial as no further evidence can be produced, for example, the accident victim will not be required to give oral evidence.
Accidents involving a Child
All settlements in Child Accident cases will still need to be approved by the Court and this will happen at Stage 3 in the new process. As currently, the claimant and litigation friend would attend Court for this.
Benefits for Accident Victims include:-
• Quicker process;
• Automatic interim payment of £1000 at Stage 2 if further medical evidence is required, i.e. where an accident victim requires physiotherapy or other rehabilitation with a follow-up report;
• Set time periods for payment of injury compensation;
• Stage 3 of the process is simpler and less nerve-wracking as the accident victim will not have to give evidence in Court and may not have to attend Court if a paper hearing is agreed.
If you were involved in a road traffic accident, please phone Vicky Jones on 0116 212 1039 for a free initial consultation. Lawson-West will be able to provide help and guidance if your accident compensation claim will be run under the new low value road traffic accident claims process.
