Q&As

If a claimant suffers minor whiplash but is also experiencing significant psychological symptoms, will the claim be dealt with outside the road traffic accident portal? Another driver died in the accident.

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Published on LexisPSL on 21/09/2018

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

  • If a claimant suffers minor whiplash but is also experiencing significant psychological symptoms, will the claim be dealt with outside the road traffic accident portal? Another driver died in the accident.
  • RTA Protocol
  • Soft tissue injury claims
  • Psychiatric injury
  • Cost consequences

RTA Protocol

The pre-action protocol for low value personal injury claims in road traffic accidents (‘the RTA Protocol’) applies to claims where the claimant values the claim at no more than the 'Protocol upper limit' which is:

  1. £25,000 where the accident occurred on or after 31 July 2013, or

  2. £10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013

The RTA Protocol applies only where the claim includes damages in respect of personal injury and if proceedings were started the small claims track would not be the normal track for that claim.

The RTA Protocol does not apply to a claim:

  1. where there has been a breach of duty owed to a road user by a person who is not a road user

  2. made to the Motor Insurers' Bureau pursuant to the Untraced Drivers' Agreement 2003 or

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