Fixed costs in road traffic accident claims
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
  • Pre-action protocol for low value personal injury claims in road traffic accidents
  • Fixed costs
  • General provisions
  • Part 36
  • Soft tissue injury claims
  • Children
  • Fixed costs for claims which no longer continue under the RTA pre-action protocol
  • Defendant’s fixed costs
  • Road traffic accidents—fixed recoverable costs
  • More...

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:

Where the value of the claim for damages is not more than £10,000Where the value of the claim for damages is more than £10,000
Stage 1 fixed costs£200£200
Stage 2 fixed costs£300£600
Stage 3Type A fixed costs—legal representative’s costs£250£250
Type B fixed costs—advocate’s costs£250£250
Type C fixed costs—advice costs where the claimant is a child£150£150

It is worth noting that on 1 October 2020 the words ‘but not more than £25,000’ were removed

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