The following PI & Clinical Negligence practice note Produced in partnership with Sue Brown provides comprehensive and up to date legal information covering:
THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDS
The Portal for road traffic accident (RTA) claims was introduced on 30 April 2010, and from that date all claims for compensation valued between £1,000 and £10,000 for personal injury arising from an RTA were required to be submitted via the Portal. For guidance on the earlier protocol see The pre-action protocol for low value road traffic accident claims—pre 30 April 2013 [Archived].
This Practice Note aims to provide an overview from Stage 2 of the process onwards. For guidance on Stage 1, see Practice Note: Motor claims in the Portal—a practical guide (Stage 1).
In order to start Stage 2 of the process, the claimant (C) requires a medical report.
The Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA protocol) states: ‘it is expected that most claimants will obtain a medical report from one expert, but additional reports may be obtained from other experts where the injuries require reports from more than one medical discipline’ and that the medical expert should identify the medical records considered relevant to the claim. It also clarifies that the Claimant Representative (CR) should disclose these relevant records to the Compensator (Comp) with the medical report. In most claims
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