Fixed costs in road traffic accident claims

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

  • Fixed costs in road traffic accident claims
  • Fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
  • Fixed costs under Section III of CPR 45 (CPR 45.16 to CPR 45.29)
  • General provisions
  • Part 36 offers
  • Soft tissue injury claims
  • Children
  • Fixed costs for claims which no longer continue under the RTA protocol
  • Fixed costs under Section IIIA of CPR 45 (CPR 45.29A to CPR 45.29L)
  • A. If Parties reach a settlement prior to the claimant issuing proceedings under Part 7
  • More...

Fixed costs in road traffic accident claims

STOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims track limit for personal injury claims arising from an RTA is increased to £5000 in respect of general damages for pain, suffering and loss of amenity for whiplash injuries (subject to certain exceptions). For further details see: The RTA small claims protocol—key features checklist.

Fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) applies to road traffic accident (RTA) claims:

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

  2. where the small claims track would not be the normal track and damages are valued at no more than £25,000 where the accident occurred on or after 31 July 2013 or; £10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013, and

  3. where the accident occurred in England or Wales

Fixed costs under Section III of CPR 45 (CPR 45.16 to CPR 45.29)

The only costs allowed are:

  1. fixed costs; and

  2. prescribed disbursements

  3. if the case settles after the Court Proceedings Pack has been sent to the defendant but before Stage 3 proceedings are issue and

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