Have you been injured in a road traffic accident? Are you anxious about making a claim because you don’t want the potential hassle of the prolonged length of time it takes to get the compensation you deserve? Well fear no more – Making a road traffic accident personal injury claim is now much easier and quicker than ever before under the new Road Traffic Accident Protocol.
Road traffic accident claims are now sent via an electronic communication portal which provides a secure electronic exchange of all claim information between us and the insurers for the other side. By using this electronic communication portal you can have a quicker claim, and a potentially better service with some lawyers.
Since 30th April 2010 the process for road traffic accident claims has been streamlined in order to process claims more efficiently and effectively. The new Road Traffic Accident Protocol has 3 different stages.
Stage 1
- We receive your initial enquiry about your road accident
- We complete the Claims Notification Form (CNF) for you which contains all relevant information about your accident
- Once you are happy with all the information that you have given us we send your CNF straight to the third party insurers electronically, who have 1 business day to acknowledge receipt of your CNF
- The third party insurers then have 15 business daysto respond to your claim by:
- Admitting liability in full
- Admitting liability but alleging contributory negligence if you did not wear your seatbelt
- Admitting liability but alleging a “small claim” (i.e. minor injury(
- Admitting liability but alleging contributory negligence not associated with not wearing a seatbelt (i.e. you were in some way at fault for your accident)
- Dispute Liability
- Allege that there is not a sufficient amount of information in the CNF
Stage 2
After the third party insurers have responded to your CNF information, the claim moves to stage 2 of the Road Traffic Accident Protocol.:
- We gather all the information about your losses you have incurred as a result of your accident (lost earnings, medical expenses, travel costs, etc)
- We obtain medical evidence in respect of your injuries (you attend a quick appointment and we do the rest!)
- We produce a final settlement pack which provides our top end valuation of your damages and confirms an offer to settle your claim which is then sent to the third party insurers. The insurers have 15 business days to accept or reject our offer to settle your claim
If the third party insurers accept the offer then you should receive your compensation within 10 business days. If the third party insurers do not settle the claim and the amount of compensation cannot be agreed at this stage, then we prepare a court proceeding pack and your claim moves to stage 3.
Stage 3
- We commence Court proceedings. We file at the Court the following:
- Claim form (a general thing we sort out!)
- Medical report (from your appointment)
- Court Pack
- Schedule of Special Damages and evidence in support of damages your losses)
- Other relevant lawyer documentation
- The third party insurers then have 14 days to acknowledge the fact that we have commenced Court proceedings
- The Court will provide a hearing date providing us with 21 days notice
- The Court will make a decision on the amount of compensation you are owed
- You receive your compensation
And it is as simple as that! So, if you have been a victim of a road traffic accident – don’t suffer in silence; get the compensation that you deserve.
In order to bring a claim under the Road Traffic Accident Protocol your claim must satisfy the following elements:
1) Be a road traffic accident occurring on or after 30th April 2010
2) The accident must have happened in England or Wales
3) Your claim must be worth between £1,000 and £10,000.
