Road traffic accidents can result in all sorts of debilitating and potentially fatal injuries. Being hit by a speeding car can cause serious damage and may result in you being signed off work for a substantial period of time. Accident claims caused by motorists on public roads are normally covered by the Road Traffic Accident Protocol.
Perhaps you were a pedestrian crossing the road and hit by a moving vehicle or maybe your vehicle was crashed into from behind? You may have a potential claim for personal injury if the car behind was not travelling at a safe distance from you. If this sounds like you then read on to find out more…
There are different guidelines depending upon when you suffered your accident, and road accidents are normally pursued using an online portal where solicitors and insurers can exchange information. The Ministry of Justice recently amended the protocol in order to include employer’s liability and public liability claims valued up to £25,000 in England and Wales that occurred on or after 31st July 2013.
The road accident protocol was brought into force to try and ensure that:
3.1 (1) the defendant pays damages and costs using the process set out in the protocol without the need for the claimant to start proceedings;
3.1 (2) Damages are paid within reasonable time; and
3.1 (3) The claimant’s legal representative receives the fixed costs at each appropriate stage.
Essentially it’s all about being more efficient. In order for a claim to be successful you would need to complete the stages outlined in the protocol.
Stage 1: Requires the claimant to send a Claim Notification Form to the defendant’s insurer in order to notify the defendant of the claim and give them opportunity to admit liability within the 15 business day time scale set out by the protocol.
Stage 2: Requires completion of a medical report which is to be obtained by the claimant. The parties may also agree upon on an offer to settle within this time.
Most claims will stop and settle at Stage 2. But if the parties cannot agree a settlement then the claim will move to stage 3.
Stage 3: Where parties cannot agree on an offer to settle the claim will be taken to court where the claimant’s damages will be determined.
As you can see, it’s a simple step by step process! So get in touch today for free legal advice about starting a road accident personal injury claim.
