Fixed costs in road traffic accident claims
Fixed costs in road traffic accident claims

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

  • Fixed costs in road traffic accident claims
  • Pre-action protocol for low value personal injury claims in road traffic accidents
  • Fixed costs for claims which no longer continue under the RTA pre-action protocol
  • Road traffic accidents—fixed recoverable costs

Pre-action protocol for low value personal injury claims in road traffic accidents

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

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

  2. with a value between £1,000 and £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

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 the case settles for more than the defendant’s Protocol offer then the fixed costs recovered by the claimant will include an amount equivalent to the Stage 3 Type A fixed costs

The fixed costs allowed under the RTA protocol are:

    From £1000–£10,000 From £10,000–£25,000
Stage 1 fixed costs   £200 £200
Stage 2 fixed costs   £300