Personal Injury Protocols Flashcards
What are three personal injury protocols?
- The personal injury protocol.
- The RTA protocol.
- The EL/PL protocol
When does the personal injury protocol apply?
Where a claim exceeds £25,000 or escapes the low value protocol for another reason.
When does the RTA protocol apply?
Where the claim is for a road traffic accident, and the value of the claim is less than £25,000.
When does the EL/PL Protocol apply?
Where the claim is for an employer’s liability and/or public liability, and value of the claim is less than £25,000
What are the key features of the RTA and EL/PL Protocol?
- Clear rigid timetable that parties must follow.
- Only fixed costs are recoverable, which are limited for each step to proceedings.
- Claim dealt with by the legal representatives using an electronical portal.
What are the three stages in the RTA and EL/PL Protocol?
Stage 1 - Notification
Stage 2 - Settling and Negotiation
Stage 3 - Court
What steps are involved in Stage 1 of the RTA protocol?
- Claimant’s representative carries out a search on the Claims and Underwriting Exchange Personal Injury database, for a record of any reported incidents by policy holders to their insurance company.
- Claimant’s representative completes a claim Notification Form (Form RTA1).
- RTA1 is sent electronically to the defendant’s insurer, and by first class post to the defendant.
- Defendant’s insurer must send electronic acknowledgement the next business day after receipt of the RTA1.
- Defendant’s insurer must provide a response to liability within 15 business days.
What information is included in form RTA1?
The circumstances of the accident.
Any damages claimed for the vehicle.
Any injuries suffered.
In what circumstances will a claim leave the RTA or EL/PL protocol?
If liability is denied in stage 1.
If liability is admitted in stage 1, but contributory negligence is alleged.
If there is an allegation of fraud.
What happens in Stage 2 of the RTA protocol?
- Claimant’s legal representative obtains a medical report (Form RTA3).
- Claimant’s legal representative will complete a Stage 2 settlement pack (RTA5), and send this to the insurer.
- The insurer has an initial consideration period of 15 business days to accept the offer, or make a counter offer.
- If a counter offer is made, there will be 20 business days for negotiation (“a negotiation period”).
- If settlement is reached, insurer has 10 business days to pay damages and costs.
What information is included in form RTA5?
A medical report
Schedule of damages (losses and expenses)
An offer to settle.
What happens in Stage 3 of the RTA protcol?
- The claimant’s legal representative prepares a Court Proceedings Pack (Form RTA 6 and RTA7), which includes a final offer to settle, and sends to the defendant.
- After 5 days claimant will issue proceedings under CPR Part 8 to the court for a hearing to determine final assessment of damages.
- Hearing will take place (paper hearing or oral hearing).
- After assessment has concluded, the damages and fixed costs must be paid within 10 business days.
What does the EL/PL protocol involve?
Similar steps to RTA protocol.
Timescales in stage 1 vary.
- Employer liability - defendant insurer has 30 days to respond to liability.
- Public liability - defendant insurer has 40 days to respond to liability.
What fixed costs are payable for Stage 1 of the RTA Protocol?
£200
What fixed costs are payable for stage 2 of the RTA protocol?
£300 for claims of £10,000 or less.
£600.00 for claims greater than £10,000
