Q&As

Do we need to instruct a medical expert through Medco for soft tissues injuries in a road traffic accident where the claim has exited the portal because either liability is denied or where the defendants failed to respond but where liability is now admitted?

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Produced in partnership with David Willink of Lamb Chambers
Published on LexisPSL on 19/02/2018

The following PI & Clinical Negligence Q&A Produced in partnership with David Willink of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Do we need to instruct a medical expert through Medco for soft tissues injuries in a road traffic accident where the claim has exited the portal because either liability is denied or where the defendants failed to respond but where liability is now admitted?
  • Analysis

Analysis

The circumstances envisioned in the question are provided for by pararagraph 6.15 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). Para 6.17 provides that in those circumstances, the claim will drop out of the RTA Protocol and proceed under the Pre-Action Protocol for Personal Injury Claims (PI Protocol):

‘Where paragraph 6.15 applies the claim will proceed under the Pre-Action Protocol for Personal Injury Claims starting at paragraph 6.3 of that Protocol (which allows a maximum of three months for the defendant to investigate the claim) except that where paragraph 6.15(4)(a) applies [inadequate mandatory information in the CNF] th

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