New streamlined system for personal injury claims arising from road accidents

A new road traffic accident claims process goes live today, aimed at delivering fair compensation as soon as possible to injured parties in a speedy manner and at proportionate cost.

This process applies to claims from today where a road traffic accident has occurred in England and Wales, there is an element of personal injury, and the potential claim is valued between £1,000 and £10,000.

The intention is to bring about a more streamlined road traffic accident (RTA) process, shortening the current lengthy delays. These delays are often experienced as a result of defendant insurers/representatives not being in a position to investigate matters and arrive at a decision in respect of liability for the accident for some months after the accident. This can often be very frustrating for the injured party when the circumstances of the accident appear obvious as to who was at fault, for example, the driver of a stationary car who has been injured following a rear end impact, and when they need compensation to pay for medical treatment or for expenses incurred.

In brief summary, the new process means that once the claimant's solicitors provide detail of the claim (in an agreed format), the defendant insurer/representative has a maximum of 15 business days from date of notification of a claim for personal injury to respond with a decision on liability. If they do not respond or if liability is disputed then the claim does not stay within the 'quick' process – but it is hoped that those claims where liability should be admitted can now be progressed far more quickly.

Once liability is resolved, the parties are encouraged to investigate the value of the claim by obtaining expert medical evidence addressing the injuries and other supporting documentation and enter into a short period of negotiation, a maximum period of 35 days. If negotiation does not result in settlement, then the matter will be decided by the court. There are provisions to cover the situation where the impact of the injury and the value of the claim cannot be determined for some time.

It is hoped that the above process will result in a quick resolution for those claims best suited to the process and provide injured parties with their compensation in a fraction of the time that the current process can often take. However, it is still vitally important that individuals involved in such accidents and pursuing matters under the new process obtain expert advice from solicitors with experience in these types of claims. There are no time limits involved in gathering supportive evidence in relation to the value of the claim and each claim must be individually assessed and investigated ensuring the appropriate value of compensation is achieved to reflect the extent of the injury sustained.

It is imperative that the injured individual is considered on a case by case basis and not rushed through the process purely to settle the matter as this carries the risk of under settling a claim and once settled an individual cannot return at a later date for further compensation.