01/06/2021 – Pre Action Protocol for Personal Injury Claims

01/06/2021 – Pre Action Protocol for Personal Injury Claims

31/05/2021 – The personal injury claims process is changing for people who suffer lower value injuries as a result of road traffic accidents (RTAs).

Turning on a sixpence, we at CMA have long enjoyed the challenges of addressing portal claims within the prescribed timescales. The new portal for road traffic accident-related personal injury will address claims under £5,000, rising to a total of £10,000 for all losses related to the accident (such as loss of earnings and damage to the vehicle and property).

We at CMA are well versed in the process of obtaining a signed statement of truth from drivers / insureds which can be uploaded to the portal.  Even if insurers are unable to obtain a signed statement from the driver within the portal timeframe we can still assist.

Whilst these are low value claims, there are no claimant legal costs for the insurer, so it may be cost effective to ensure a comprehensive signed statement from the driver is obtained, particularly if there is a causation dispute or the claimant submits medical report whilst the insured’s driver statement suggests it was an LVI.

One of the major aims of the new whiplash reforms is to reduce fraudulent claims for compensation, make it more difficult for dishonest motorists to progress lucrative but spurious claims. There remain concerns fraudulent or exaggerating claimants will seek to push claims above the increased £5,000 small claims limit by alleging additional non-tariffed injuries. Further indicators of fraud will be prioritised by CMA when investigating these claims.

So how does this work? Read more here.

Resources – for registered users – click here.

 

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