The Protocol sets out what is expected of claimants and defendants at the start of proceedings where damages are being claimed because of a personal injury sustained from a road traffic accident. The premise of the Pre–Action Protocol being introduced is that it will encourage more contact between parties, with information being fully exchanged between them.
The introduction of the Protocol was also designed to allow claims to be run more efficiently, as cases are encouraged to settle earlier and therefore to be dealt with in a more efficient and quick manner. A reason being for this is that it allows for early notification of any road traffic accidents, and allows the insurer and defendant to be notified early on that a claim is being brought against them.
Pre–Action protocol is the route to follow for all parties before taking the claim to court, and is broken up into three clear stages.
Stage 1:
- Claim Notification Form (CNF) must be sent to insurers.
- Defendant Claim Notification Form sent to them by 1st class post
The claim is firstly processed through an electronic online portal straight to the other side’s insurers. Once the insurers have been notified of the claim they have 15 working days in which to respond formally, and to accept or deny liability for the accident. In most cases if liability is accepted then stage 1 costs are to be paid by the defendant to the claimant solicitors, and the case moves to stage 2.
Stage 2:
- Claimant should obtain medical evidence for the claim to be valued.
- Any photographs of injury should be disclosed with the medical report.
- An interim payment may be sought – this is a part payment early before a claim settles.
- The Defendant, once they have received the medical report and evidence for the claim, then has 35 days to settle claim; 15 days by which to consider claim, and the remainder of the time to negotiate.
If the claim falls out of the portal due to the insurers denying liability, or the insurers failure to adhere to deadlines, it is pursued by the normal Pre Action Protocol for Personal Injury Claims.
Stage 3 (when negotiations fail between claimants and defendants):
- Complete court proceedings pack and send to defendant.
- Claimant then issues the claim to court.
The final stage of the Protocol is that if the matter has not yet been settled, is for it to issued to court. Once in court, the judge will normally assess in court damages to be awarded.
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