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

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The Motor Insurers’ Bureau (MIB) can deal with your claim under the 2003 Untraced Driver’s Agreement (as amended). The claim must be brought within the usual three year limitation period.

Property Damage Claims

Compensation for property damage is a feature of the Agreement granting compensation for damages with an excess over £300 (Clause 1).

If you wish to claim for property damage (e.g. vehicle damage) you will need:

• Evidence of the damage and the cost of repair or replacement
• Invoice and objective proof of payment.
• Report from a suitably qualified expert setting out the damage caused and the cost of repair or replacement.

Personal injury claim

You must report the accident to the police within 14 days. However where there is property damage this is reduced to five days or as soon as reasonably possible.

You will need proof of the fact that you reported your accident to the police.

Exclusions from the Agreement

• Damaged property caused by an unidentified vehicle
• When the injured person allowed themselves to be carried in the vehicle when they knew or ought to have known that the vehicle was either stolen, uninsured or used to further crime.

Appeal Procedure

• Six weeks to appeal against the MIB’s decision.
• The MIB will within 7 days, investigate any further evidence supplied by you.

Action

We would represent you on a Contingency Fee Basis whereby 25% of your damages is deducted as a contribution towards legal costs.

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What is CICA?

CICA is a government funded scheme which enables victims of crime to receive compensation for their injuries. You can also claim for loss of earnings if you have been off work for at least 6 months. Road traffic offences and damages for loss of property are excluded. The current scheme was introduced on 27/11/12 and is more restrictive than in previous years.

You can claim for either physical or psychological injuries, whether the injury was deliberate or accidental.

People who have also lost a spouse, partner, child or parent to a fatal criminal injury can also claim compensation.

Victims of violence in a family will receive compensation as long as the offender will not benefit from this award.

What are the requirements that I have to meet?

To qualify for compensation:

• The injury must have occurred in England, Scotland or Wales
• You must report the accident to the police
• You must bring your claim within 2 years
• You must have received the injury as a result of a crime
• Your injury must be sufficiently serious to require at least two appointments with a medical practitioner

How can you help me apply for compensation?

We can advise you on the best way to pursue your claim and estimate the maximum amount of compensation you are entitled to.

We can complete the CICA form and liaise with CICA on your behalf, leading to us negotiating the amount of compensation for you.

The compensation award will be based on a fixed tariff. There are guidelines set as to what each injury is worth. We will argue for the highest possible award.

Does it matter that I provoked the attack?

Yes it does. CICA can reduce or withhold your compensation if they feel your behaviour led to the attack, for example if you provoked the attacker.

Further, you cannot have any previous convictions or be of dubious character. Deductions of between 10% and 100% are made in respect of these factors.

How much will this cost me?

You only pay us if you are successful in your application. The amount is usually 25% of your compensation.

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