The small claims limit has increased from £1,000.00 to £5,000.00 in all road traffic accident cases from 31^st May 2021.  This means save for a very notional fixed sum and court fee, even if successful Claimant’s are unable to recover legal costs.

As a result, many Claimants Solicitors firms simply can no longer offer ‘no win, no fee’ arrangements.

This means that claimants will often be forced to represent themselves.  The process may seems daunting so sadly many will decide  ‘not to bother’ which in our view, seems entirely unfair.  Claimant’s Solicitors did lobby against this, sadly unsuccessfully, in our view depriving thousands of having the means to claim compensation.

There are however a number of exceptions such as:

• The claimant was a child or protected party or a “vulnerable road user”, which means, motor cyclists, cyclists, pedestrians, horse riders and those using mobility scooters;
• The claimant is a personal representative of a deceased person;
• The defendant’s vehicle was registered outside the United Kingdom.

Whilst the changes were intended to reduce the number of fraudulent claims, it sadly will leave those who otherwise would have sought compensation having suffered an injury through no fault of their own, deciding not to.

Alongside the changes to the small claims limits, the Civil Liability Act 2018 has also now received Royal Assent where the Lord Chancellor will have the power to set limits on what damages a claimant would receive for a whiplash injury. This is likely to see significantly lower awards being made than those available at present.

In addition, The Government has confirmed that it intends to increase the small claims track limit for personal injury arising out of employers’ and public liability claims from £1,000 to £1,500 from April 2022.  Whilst this is likely not to see such an significant effect on claimants as the reforms on road traffic claims, it is concerning in our view that claimants are being deterred access to justice.

Need legal advice? Contact us at enquiries@bttj.com

The post Claimants injured in RTA’s worth less than £5,000.00 no longer able to recover legal costs appeared first on Brindley Twist Tafft & James.

a. Name of third party/parties

b. Address of thid party/parties

c. Contact telephone numbers of third party/parties

d. Vehicle registration of third party/parties

e. Make, model and colour of the vehicle(s) involved

f. Insurance details including:

i. insurers name

ii. policy number

iii. fully comprehensive/third party?

g. Details of weather and road conditions

h. Details of accident-what happened and who is to blame?

•2. Are there any witnesses to the accident?

a. Get the names, addresses and vehicle registrations of any witnesses (including passengers in the other vehicles involved).

•3. Make a clear note of all of these details in a diary or on your phone. You cannot afford to lose these details!

•4. Record any other details you think may be important eg use of mobile phone, if you think the driver of the other vehicle has been drinking, weather conditions etc.

•5. Use a cameraphone to take photos showing the road layout, position of vehicles and their damage (take care near busy roads).

•6. If you’re unsure about whether you should call the police – make the call. The police don’t usually attend road traffic accidents where there are no injuries but it is still worth reporting the incident. Make a note of the reference number and the PC investigating the accident.

•7. You must notify your insurance company immediately of any collision you are involved in, regardless of whether or not a claim is to be made or whose fault it was. Give them all the details, notes, photographs etc.

•8. Go to the hospital/GP. The hospital and GP will keep records of your injuries and the accident details which can support your claim.

•9. Financial losses-keep records of how many days you had off work and all out of pocket expenses incurred as a result of the accident, e.g. travel fares, damage to clothing, vehicle repair costs, loss of earnings

I have just discovered that the third party was uninsured; does that mean I cannot claim?

No, we can still pursue your claim through the Motor Insurer’s Bureau’s (MIB) Uninsured Driver’s Agreement.

The MIB are an organisation funded by insurers which compensates the victims of uninsured drivers and hit and run accidents.

I was involved in a hit and run. Can I still bring a claim?

Yes we can still pursue your claim through the MIB’s Untraced Driver’s Agreement.

The post I have just been involved in a road traffic accident (RTA), what should i do? appeared first on Brindley Twist Tafft & James.