The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:
The protocol applies to all road traffic accident (RTA) claims where:
the claim includes damages in respect of personal injury
the claimant values the claim at no more than the ‘Protocol upper limit’
if proceedings were started the small claims track would not be the normal track, and
the accident occurred in England or Wales
The ‘Protocol upper limit’ is—
£25,000 where the accident occurred on or after 31 July 2013, or
£10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013
on a full liability basis including pecuniary losses but excluding interest.
Para 5.9 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) provides that:
‘Where the claimant reasonably believes that the claim is valued at between £1,000 and the Protocol upper limit, but it subsequently becomes apparent that the value of the claim is less than £1,000, the claimant is entitled to the Stage 1 and (where relevant) the Stage 2 fixed costs.’
The fixed costs allowed under the RTA protocol are:
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