Protocol When Claiming for a Road Traffic Accident

Emerald Law Solicitors works on a No Win, No Fee basis on road traffic accident claims. Should you, any of your family or friends be involved in a road traffic accident, you may be entitled to compensation, for your car accident claim.

Our friendly, experienced team here at Emerald Law will work through the complexities of making a claim, establishing liability and then negotiating a final settlement for your injuries and any other losses, such as loss of earnings, loss of enjoyment and any other losses caused by the accident, we make the process as easy and efficient as possible for you.

We understand that each car accident claim is different, and some can be more serious than others, whether your road traffic accident was major or minor we take the same diligent approach. Emerald Law will look after your complete accident management including sorting out repairs, arrangement of hire vehicle, full medical support and get you early access to specialist rehabilitation. We’ll even be able to pursue a claim for you if you have had a road traffic accident with an uninsured or untraced driver.

Possible Accident Injury Claim circumstances:

  • Your car may have been shunted from the rear.
  • Your car may have been hit in a head-on collision, by an oncoming vehicle crossing into your lane or negligently overtaking another vehicle.
  • The other vehicle may have changed lanes without indicating or shot through a traffic light or other road marking when unsafe to do so.
  • Your car may have been hit by another vehicle pulling out without indicating or pulling out from a side road or exit gate when unsafe to do so.

Protocol when claiming for a Road Traffic Accident:

Stage 1 of the process involves the following steps being taken:

The Claimant solicitors complete and send a Claim Notification Form to the Defendant.

The Defendant insurers are expected to acknowledge receipt within 15 days, if the claim is dealt with by the Motor Insurers Bureau they have 30 days to respond.

Circumstances in which protocol ceases to apply include. If the Defendant alleges contributory negligence (other than where a Claimant admits to not wearing a seat beat) or does not respond or does not admit liability or notifies the Claimant that he considers that inadequate mandatory information has been provided or that the small claims track would be the normal track for the claim, the Protocol ceases to apply.

 

Stage 2: The Claimant is required to obtain a medical report.

The Protocol permits the use of more than one medical report where experts are needed in more than one discipline.  

The Claimant is required to send to the Defendant a “Stage 2 Settlement Pack” within 15 days of the Claimant approving the final medical report and agreeing to rely on the prognosis in that report. The Protocol sets out what the pack must contain.

The Defendant has 15 days to consider the Stage 2 Settlement Pack and make an offer. The parties then have 20 days to conduct further negotiations. The Protocol makes provision for the extension of these time periods.

The Protocol contains detailed provisions relating to the acceptance of offers and the putting forward of counter-offers.

Where the parties fail to reach an agreement the Claimant is required to send the Defendant a Court Proceedings Pack. If the Defendant takes the view that the Court Proceedings Pack does not comply with the requirements of the Protocol it should be returned to the Claimant within 5 days with an explanation as to why it does not comply. 

If the claim is settled (except where the Claimant is a child) but the Defendant fails to make payment the Claimant is entitled to give the Defendant written notice that the claim will no longer continue under the Protocol and commence Court proceedings.

If the Defendant refuses to settle your claim, we will commence Court proceedings in order to obtain a settlement for you as quickly as possible.

 

If you think you have a claim call us today on 0800 294 0726 and one of our experienced team will be able to assist you.