The Road Traffic Accident Protocol was brought into place on the 30th April 2010 – if your claim is worth between £1,000 and £10,000 then it will follow this procedure. On July 31st 2013 the value range for these types of claims increased from £10,000 to £25,000. The protocol has 3 main stages which make a claim simple and the whole process can be a lot quicker for both sides.
Stage 1
The first stage is for the claimant to fill in a Claim Notification Form (CNF). The CNF contains information about the accident, the details of the claimant and defendant, if known, and a statement of truth section. The statement of truth section is very important as it confirms that all information given is true to the claimants best belief. The CNF is submitted onto a portal and the defendant’s insurers then have 15 working days to respond to the claim. They primarily either admit or deny liability.
Stage 2
If liability is admitted then the claim progresses on to Stage 2 of the Protocol. This stage is for the medical evidence to be collated and sent to the defendant with an offer. The defendant then has 15 working days to consider the information given in the Stage 2 Settlement Pack and to make an offer or negotiate a certain amount with the claimant.
If the claimant is under financial stress due to missing work because of their injuries, they have the entitlement to request interim payments to relieve the financial difficulty at this time. This is a part payment early before the claim is fully resolved.
If an agreement is achieved but the defendant fails to make the payment to the claimant they are entitled to give the defendant written notice that they intend to commence Court Proceedings as the claim will no longer proceed under the Protocol. The claimant is also required to send the defendant a Court Proceedings Pack if they fail to negotiate on a final agreement.
Stage 3
Stage 3 is only applicable if the claim is still not settled or if the defendant has failed to settle the claim. The claim will now continue through the Courts and be accessed by a Judge, who will decide if the medical evidence supplied gives rise to reward damages.
