News

Coris News - February 2010

We hope you enjoy this latest new-look edition of Coris News. If you have any suggestions for particular subjects you would like us to focus on please let us know

The New Road Traffic Accident Claims Process in England and Wales

The new claims process will apply to domestic RTA claims valued up to £10,000 where there are no disputes on liability. The process is divided into three stages, for which fixed recoverable costs (FRC) have now been negotiated as outlined below.

For stage 1 (including, broadly: provision of early notification of claims to defendants and insurers; inclusion by the claimant solicitor of all the information the defendant or insurers will need to make a decision on liability; the insurers will have 15 business days to respond, except in MIB claims, which will have 30 business days) the FRC will be £400 (base costs).

For stage 2 (medical evidence, offers to settle and negotiation, where liability is admitted, including, broadly: within 15 business days claimant solicitor to confirm medical report as factually accurate, prepare a settlement pack (including any claim for special damages and supporting evidence) and send settlement pack form along with an offer to settle the entire claim to insurer; insurer has 15 business days to accept or reject the offer and make a counter offer, which attracts an extra 20 business days for negotiation) the FRC will be £800 (base costs).

For stage 3 (where quantum cannot be agreed and the court has to determine) the FRC will be £250 for a paper hearing; £500 for an oral hearing.

Total fixed recoverable (base) costs for the new process will, therefore, be between £1,450 and £1,700.

Success fees will be 12.5% for stages 1 and 2. For cases which go to stage 3, a success fee of up to 100% may be applicable.

It was agreed that £500 would be paid in addition to stage one and two costs for cases involving children. The success fee would be 12.5 per cent in uncontested approval applications and 100 per cent in contested matters. In addition, a fee for counsel will be payable for an advice on quantum (the amount is to be confirmed). If a hearing is not approved by the judge, the case will leave the process.

The Ministry of Justice anticipates that the new regime will come into effect in April 2010.

Summary of what is included in the process: All RTA claims where
-the value of the claim is between £1000 and £10,000 and contains an element of personal injury;

-the accident occurred in England and Wales; and

-the accident occurred after the implementation date.

Summary of what is excluded from the process:

Claims which do not include at least £1000 for pain suffering and loss of amenity (the personal injury small claims limit);
Claims involving employers liability and/or public liability;
Clinical negligence claims;
MIB untraceable cases;
Claims where the claimant or defendant is deceased;
Claims where the claimant or defendant is bankrupt; and
Claims where the claimant or defendant is a protected party.

The claim will leave the process if:
-it subsequently transpires that the claim is worth over £10,000
-liability is not admitted in stage one
-fraud is alleged in stage two
-the defendant questions or denies causation in stage two
-there is any allegation of contributory negligence (other than failure to wear a seatbelt)

The new process will not apply to cross border claims but it is always possible that the position may change in the future.

Note: once a claim leaves the process, it can not re-enter.
Source: APIL

Overseas Fines

British Motorists caught speeding in Europe can be pursued for traffic fines after they arrive home under new legislation passed recently by the European Union. The new law allows the Ministry of Justice to demand payment of traffic fines of €70 (£64) or more incurred in other EU countries in exactly the same way it would pursue payment for offences committed in the UK.

Formerly, only the Italian city of Pisa pursued transgressors in their home country by selling the fine to debt collection agencies. Now 13 out of 27 EU states have signed the framework decision on financial penalties, including Austria, France, Holland , Spain, Portugal and the UK.

Source: The Sunday Times

Use of head restraints

This is a very important but undervalued part of the vehicle that can help to prevent whiplash type injuries in the event of a car crash.Research undertaken by Thatcham's road accident experts has revealedthat as many as two thirds of all drivers in the UK fail to adjust their head restraint properly, thus exposing them to the possibility of suffering whiplash.This massive lack of awareness is one of the reasons why more than 250,000 people every year find themselves with whiplash, almost the entire amount of whom have received it because of a car accident.

Ten percent of victims go on to suffer permanent disability due to their whiplash injury.

Thatcham commented, "The head restraint should be seen as every bit as important as the seat belt - yet people seem oblivious as to how to use it properly."

But what is the correct way to use your head restraint? Generally the best way to position your head restraint is to make sure it's level with, or above, the top of the head, whilst also as close to the back of the head as possible."

Source: Car Accident Advice Line

« View full list of articles.