The premise of the Protocol being introduced is that it will encourage more contact between parties, with information being fully exchanged between them and investigations into the claim can be carried out more efficiently. The Pre-Action Protocol is the route for all parties to follow before taking a claim to court. The route of the Protocol is broken up into 3 clear stages
Stage 1 sets out that a claim notification form must be sent to the defendant insurers. A road traffic accident claim is firstly processed through an online portal which can then be sent straight to the defendant’s insurers. Once the insurers have been notified they have 15 days by which to respond to the claim. After the 15 days, it is expected that the response will include an acceptance or denial of liability for the accident. If the insurers deny liability or fail to respond to the claim within the 15 day period, the claim will then fall out of the online portal.
If liability is admitted, we move to the next stage…
Stage 2 then sets the period which is given to the insurers to consider the settlement of the claim once medical evidence has been sent to them. The solicitor will submit the medical evidence with an offer for settlement, and each party must either agree or negotiate amounts. An interim payment may also be sought in this period which is a part payment early to help any financial suffering on the part of the claimant whist their claim is being negotiated.
Stage 3 of the Protocol is where if the matter has not yet been settled, it is to proceed to court. Once in court, the judge will then assess in damages to be awarded. This normally happens if the amount of compensation cannot be agreed between the two parties.