It is a sad fact that due to the increase of traffic on the roads and the increased awareness of personal injury claiming, road traffic accident claims are on the increase. This is one of the reasons that the Ministry of Justice has brought in a new system for road accidents after 31st April 2010 that are between a value of £1000 and £10,000.
This new system is based around a specially designed portal on the internet which allows all correspondence between both sides of a claim to be sent electronically. This means that everything is received instantaneously, cutting out the time waiting for post to drop onto a desk.
The old system allowed defendants nearly 4 months before requiring them to give a response as to liability (fault on a case). This is in stark contrast to that of the new system which allows 15 working days for a liability response. Liability is the crucial first hurdle to a claim; having this answered early means that your claim can progress much more quickly, and it can also relieve a lot of stress from you, the claimant. I have set out a brief outline below of the processes your claim is likely to go through with this new system.
When you first approach a solicitor with a claim which is appropriate for the new system, they will ask you to fill out a Claim Notification Form. A good solicitor will go through the form with you, filling it out as you answer the questions, leaving you to simply sign it at the end – this again takes the stress away from you. Once this claim form is submitted to the other side, they have the 15 days to provide a response for liability. If they admit liability, your claim can progress onto obtaining medical evidence and collating your losses. Once this is complete, a solicitor can then make offers to settle your claim.
If, on the other hand, liability is denied, it does not mean it is the end of the road for your claim. A denial of liability must be supported with evidence – this evidence should then be reviewed by your solicitor in order to assess the prospects of your claim. If they feel the prospects are good, they may then proceed with the claim.
If you have any further questions regarding your road traffic accident claim then please give us a call.
