On 30th April 2010 a new process will be implemented which will affect anyone making a claim due to a road traffic collision occurring after that date.
The ethos of the regime is to ‘streamline the compensation system for low cost road traffic accident personal injury claims’. This will affect claims between the values of £1,000.00 to £10,000.00. In reality this will affect a large percentage of claims. Immediately after an incident it is always difficult to advise the client as to the value of their claim therefore the process will apply to the majority unless it is clear from the outset that the claim will be over £10,000.00. The claim will be allowed to exit the new process if it becomes apparent at a later stage that the claim is of a higher value.
Technology is as ever, playing a major part in this process. A new electronic portal is being developed so that Solicitors and Insurers can communicate; enabling a “faster” agreement and providing a swift, electronic exchange of relevant information and documentation.
Veitch Penny LLP has already signed up to the new portal and will be ready to process claims under the regime immediately.
One advantage of the new regime is that Insurers will only have 15 business days to respond on the issue of blame once they have received the electronic claim form. This is a significant advantage as the present regime means Insurers are entitled to a 3 months! If the Insurer does not comply the claim falls back to the current process.
Should blame be admitted within the 15 business day period then medical evidence, supporting documentation regarding financial losses and expenses in electronic form will again be sent to the Insurers. A negotiation period of 35 days will then commence where the Insurer must accept or return with an offer to the injured person again within a 15 business day period. If they fail to do so Court Proceedings may be issued.
Should Insurers respond an amicable settlement may be achieved. If not Court Proceedings can be commenced and a Judge can decide the value of the case based on the evidence before them. This can either be without or with the injured party giving evidence. Although many injured parties are concerned regarding giving evidence to Court obviously this may be still advantageous for a Judge to consider their claim fully.
The new process allows injured parties to take a more pro-active approach in the handling of their claim. Veitch Penny LLP continues to work alongside their clients ensuring that they receive the compensation they deserve and that claims proceed as swiftly as possible.
Many Solicitors may decline acting for injured parties under this new regime. This is due to the fact that Solicitors costs are limited under this regime. Veitch Penny LLP, having always represented victims involved in road traffic collisions will continue to do so, continuing to be leaders within their field.
Should you require any further information then please contact Catherine Rosewell on 01392 288354.