The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDS
The revised pre-action protocol for low value personal injury claims in road traffic accidents (the RTA protocol) applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013 and £10,000 where the accident occurred on or after 30 April 2010 and the claim was notified after 30 April 2013.
The protocol is designed to increase the speed of decision making by imposing fixed response times and fixed costs on parties. The aim is to avoid the need for the claimant to start proceedings and for damages to be paid within a reasonable time.
The protocol applies to all road traffic accident (RTA) claims:
where the claim includes damages in respect of personal injury
with a value between £1,000 and £25,000 where the accident occurred on or after 31 July 2013 or; £1,000–£10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013
where the accident occurred in England or Wales
The protocol does not apply:
where there has been a breach of duty owed to a road user by a person who is not a road user
to Motor Insurers’ Bureau (MIB) untraced driver claims
where either the claimant or defendant is acting as personal representative of a deceased person
where the claimant
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