From the 30th April 2010, Personal injury road traffic accidents claims are no longer dealt with in the way Personal Injury solicitors had become accustomed to. There is a new cost regime and new procedural system which are extremely different to the system pre Lord Justice Jacksons cost review.
Many Personal Injury Solicitors were extremely concerned about the implementation of the new system, however now 6 months later, some Solicitors can see the benefit of increased cash flows and a quicker turn around of cases.
The new process for Personal Injury Road Traffic Accident cases is outlined below:-
STAGE 1
• There is now a new Claims Notification Form (CNF) which replaces the requirement for a Letter of Claim
• Insurers have a central portal for notification of all claims, to which the CNF must be emailed and which will send an automatic acknowledgment
• If the CNF is fully and correctly completed, Insurers will have 15 working days to respond on liability (for uninsured cases, the MIB has 30 days to respond).
• If liability is admitted, subject to causation, with no contributory negligence alleged (save for failing to wear a seatbelt), the claim proceeds to Stage 2.
• If liability is not admitted, there is no response or Insurers raise issues of contributory negligence (save for failing to wear a seatbelt), the claim leaves the process.
• All cases that come out of the process will then be covered by the Pre-action Protocol and the current CPR regime.
STAGE 2
• Following an admission of liability, the Claimant's will obtain a medical report
• Within 15 working days of the report being confirmed as factually accurate by the Claimant, his solicitor must send the Insurer a Settlement Pack comprising the medical report, details of special damages and any supporting documentary evidence and an offer to settle
• Upon receipt, the Insurer has 15 working days to either accept the Claimant's offer or, if it is rejected, to make a counter offer, to which the Claimant must respond within 20 working days (though this can be varied by agreement)
• Where no agreement is reached, the Insurer will make an interim payment to the value of its offer
• During this period, if the Insurer wishes to question or deny causation, or allege fraud, the claim will leave the process
STAGE 3
• There is an option to commence Part 8 proceedings
• The Claimant will send the Insurer the papers for the Part 8 proceedings, which will include the parties' best offers (in a sealed envelope), comments on all heads of claim but no new documents or evidence. Insurers will have five working days to register any objection to the court papers pre-issue.
• There will be a presumption that the hearing will comprise the consideration of the papers alone but either party can opt for an oral hearing.
• Children's claims will be included, it being assumed that they will all require approval at an oral hearing. The same costs rules will apply.
Mr John McQuater, president of the Association of Personal Injury Lawyers, said: ‘The fees are lower but there should be less work. Most importantly, Personal Injury solicitors should be able to deliver a quicker service to clients.'
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