Q&As

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

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Produced in partnership with David Sawtell of 39 Essex Chambers
Published on LexisPSL on 11/01/2017

The following PI & Clinical Negligence Q&A produced in partnership with David Sawtell of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?
  • Portal claims

In a road traffic accident claim where the claim is proceeding in the portal, does the section 152 notice need to be sent to the defendant’s insurers if you are issuing proceedings due to limitation approaching?

Section 152(1) of the Road Traffic Act 1988 (RTA 1988) states that no sum is payable by an insurer under RTA 1988, s 151 in respect of any judgment unless, before or within seven days after the commencement of the proceedings in which the judgment was given, the insurer had notice of the bringing of the proceedings.

The legislation is clear that notice must be given by or on behalf of the claimant to an appropriate representative of the insurer or their agent. It is a condition precedent to liability by the insurance company. It does not, however, need to be specific as to the nature of the proceedings or the court. These propositions were discussed in Nawaz v Crowe Insurance Group, where the importance of the

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