Road Traffic AccidentENG
This comprehensive publication helps practitioners to navigate the complex pre-action protocols involved in low-value road traffic accident claims.
1 Matter Plan
Overview
This publication guides practitioners through the process of advising clients on low-value road traffic accident claims for personal injuries, including whiplash, and other damages. It covers the stages of commencing a claim under pre-action protocols, using online portals, responding to offers, and settling the matter. It also includes guidance on issuing proceedings if the matter falls outside the pre-action protocols.
It includes a practical commentary and necessary precedents to assist the practitioner during the pre-action protocol stages, use of online portals, and court proceedings. Some of the many precedents include letters to experts, letters to the compensator, letters making and accepting offers, a library of particulars of claim, and standard letters to other parties, providing practitioners with all the focused and practical guidance they need.
Popular precedents include:
- Enclosure – Overview of the small claims process – Road traffic accident;
- Letter of claim;
- Letter to physiotherapist seeking a report on rehabilitation;
- Letter to vehicle expert seeking a damage report;
- Letter to hire company requesting a copy of credit hire agreement;
- Medical report form;
- Letter to defendant’s solicitor where claimant’s circumstances fall under the RTA Small Claims Protocol;
- Statement of tariff injuries;
- Statement of other protocol injuries;
- Particulars of claim for a two vehicle collision, one vehicle one pedestrian collision, one vehicle one bicycle collision, and a passenger claim; and
- Schedule of past and future loss and expense.
Ready To Use Resources
Choose from ready-to-use legal documents within this Publication.
1 Matter Plan Included
- ALERTS - Nil“”
- Full Commentary - Road Traffic Accident“null”
- Reference materials
- Overview and limitation periods“A road traffic accident can give rise to claims for personal injury and loss and damage to real and personal property. If there are no personal injuries but other losses, such as property loss or damage, a monetary claim can be pursued in the usual manner.”
- Summary of the process“The usual steps in acting in a road traffic accident matter are:”
- A. Getting the matter underway
- B. Preparatory casework and letters before claim
- C. Small claims for accidents occurring before 31 May 2021
- D. Small claims for accidents occurring after 31 May 2021
- E. Other types of claims
- F. Pre-action protocols before issuing proceedings
- G. Settling the matter
- H. Court practice and procedure
- I. Statements of case, filing, and service
- J. Interim applications
- K. Case management and directions
- L. Disclosure and evidence
- M. Final hearing and costs
- N. Finalising the matter
- Further information“”
- Comments and suggestions for By Lawyers“null”
Our Authors
More than 50 legal professionals have contributed to By Lawyers' publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.
Meet Our Authors