Q&As

Does a claim no longer continue under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents if it is issued due to limitation?

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Published on LexisPSL on 17/05/2019

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Does a claim no longer continue under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents if it is issued due to limitation?

Does a claim no longer continue under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents if it is issued due to limitation?

The system for handling low value personal injury cases was introduced for motor claims on 30 April 2010. Its aim was to introduce a streamlined process for the settlement of straightforward cases, avoiding litigation and allowing for staged payments of damages and fixed costs within a reasonable period. The requirements pre-issue are contained within the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). See Commentary: Overview: Bingham & Berrymans' Personal Injury and Motor Claims Cases [20.1].

The RTA Protocol applies to all road traffic accident (RTA) claims:

  1. where the claim includes damages in respect of personal injury

  2. with a value between £1000 and £25,000 where the accident occurred on or after 31 July 2013, or £1000–£10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013

  3. where the accident occurred in England or Wales

Where compliance with the RTA Protocol is not possible before the expiry of the limitation period, the claimant may start proceedings and apply to the court for an order to stay (ie suspend) the proceedings while the parties take steps to follow the RTA Protocol.

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