The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—pre 30 April 2013 [Archived]
The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—pre 30 April 2013 [Archived]

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

  • The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—pre 30 April 2013 [Archived]
  • Excluded cases
  • Value
  • Forms
  • Stage 1
  • Stage 2
  • Stage 3
  • Costs
  • Children
  • Vehicle related damages

THIS PROTOCOL ONLY APPLIES TO LOW VALUE RTA CASES WHERE THE CLAIM NOTIFICATION FORM IS SUBMITTED TO THE DEFENDANT'S INSURERS BEFORE 30 APRIL 2013.

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) applies to claims valued up to £10,000. It is designed to increase the speed of decision making by imposing fixed response times and fixed costs on parties. The protocol applies to all road traffic accident (RTA) claims:

  1. with a value between £1,000 and £10,000

  2. where the accident occurred in England or Wales

  3. where the accident occurred on or after 30 April 2010

Excluded cases

The protocol does not apply:

  1. where pain, suffering and loss of amenity are valued at less than £1,000

  2. to employer and public liability claims

  3. to Motor Insurers' Bureau (MIB) untraced driver claims

  4. where either the claimant or defendant is deceased

  5. where the claimant is bankrupt

  6. where the claimant or defendant is a protected party

Value

The value of the claim is assessed by combining the full liability value of the general damages and pecuniary losses (past and future expenses and losses). Vehicle related damages are excluded from this valuation, although they can still be included in the claim.

Forms

The following forms are used in the protocol:

  1. Claim Notification Form (Form RTA 1)

  2. Defendant Only Claim Notification Form (Form RTA 2)

  3. Medical Report Form (Form RTA 3)

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