MOJ & RTA CLAIMS PROCESS - STAGE 2
Report(s) are obtained by the claimant who must check for accuracy prior to sending to the defendant.
Medical evidence must address any seatbelt issue (if appropriate).
The claimant may obtain up to two medical reports from different disciplines,
- Thereafter, further medical evidence may be obtained at the recommendation of the medical experts up to a maximum of four different disciplines.
Where subsequent medical reports are needed:
- the parties may agree to stay the process, and
- an interim payment must be requested.
Interim Payments for Stayed Matters
A request is automatically fixed at £1,000 and the claimant must attach the interim settlement pack supported by evidence.
Must be paid within 10 days otherwise claim exits process.
An enhanced sum relating to pecuniary losses only may be requested.
Defendant may agree to the alternative amount or pay an alternative sum along with an explanation.
Where the defendant does not havE an up to date CRU certificate:
- it must apply for the same immediately; and
- it must notify the claimant accordingly and make payment within 30 days.
Interim payment for a child - exits the process.
The claimant must submit the settlement pack within 15 days of receipt/client sign off.
The pack must contain all supporting evidence and detail all disbursement incurred, including fee notes. Any reduction for contributory negligence must also be detailed.
The total consideration period in Stage 2 is 35 days, which consists of:
- 15 days to consider the pack and make an offer;
- remainder allocated to negotiation between the parties;
- the total period can be extended upon agreement;
- if a late offer received, may be extended by a further 5 days.
Claim will exit the protocol upon:
- notification it is a small claim;
- defendant withdraws the admission of causation;
- no response is received from the defendant.
Any counter offer must be broken down into each head of damage but the aggregate offer may be higher than the cumulative sum.
If an amount claimed is not agreed in full, the defendant must explain the reduction made or the claimant may elect to remove the claim from the process.
Details of any CRU deductible must be recorded.
Any offer to settle must automatically include costs; costs-only proceedings will be available for costs disputes.
Payment of damages/costs must be received within 10 days.
Vehicle related damages must be included; if additional vehicle damages are not agreed but other damages are, they will be resolved in Part 7 proceedings.
Court Proceedings Pack
Failing agreement, final offer/court proceedings pack sent to the defendant which contains supporting commentary on disputed heads of claim.
A personal injury claim interim payment is made to the claimant for the full amount of the defendant’s best offer.
Defendant should check the court proceedings pack and notify claimant within 5 days of any issue, failing which the claimant assumes no further comment.
The costs payable in relation to Stage 2 of the process are:
- £300 plus VAT and success fee (fixed at 12.5%) if there is a pre-commencement CFA in place (£800 for cases prior to 1 April 2013)
- unless the claimant is a child.
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