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Road Accident Compensation: UK injury solicitor explains the new faster process to claim compensation following a RTA in which the driver at fault accepts responsibility
Road accident compensation: Find out what the new faster injury claims procedure in England and Wales is, the types of RTA which fall within the new claims procedure, the amount of road accident compensation you can claim and the dangers of settling your claim too early if you are still suffering symptoms from your injury.
What is the new quicker procedure to claim your road accident compensation following a RTA n the UK?
In April 2010 the law in England and Wales was modified to allow a new faster procedure to claim road accident compensation in the most straight forward kinds of RTA injury claims.
Road Accident Compensation
This procedure is known as the "accelerated procedure for low value road accident compensation claims". It was introduced to ensure you receive your compensation as quickly as possible, there is certainty that you have won your claim and the amount of legal fees your lawyer can charge to the guilty driver's insurance company is limited
What types of road accident compensation claim will fall within the faster RTA procedure?
There are certain requirements, which allow your road traffic accident claim to fall part of the new faster procedure, which include:
1. The amount of road accident compensation you are claiming is limited
The amount of compensation you are claiming should be between £1,000 and £10,000 and must include personal injury with pain and suffering worth at least £1,000.
In deciding on the amount of compensation - the cost of repair or replacement to your vehicle is not included. Of course - you RTA solicitor will claim this sum too, but for the purpose of your claim being worth between £1,000 and £10,000 only.
If the amount of compensation you are claiming is less than £1,000 - your claim is too low and is considered a "small claim" and as such is subject to different rules.
Click small claims court to see the page I have written setting out what you should do if you think you have a small road accident compensation claim.
2. The driver at fault must accept responsibility
In many road traffic accidents a driver will accept responsibility at the accident scene and later deny responsibility or even how the accident happened.
To avoid this uncertainty once your solicitor has notified the guilt driver and his motor insurance company of your intention to make a claim for road accident compensation - the insurer must accept legal liability for the accident in writing within 14 days.
If legal fault is not accepted with 14 days - your claim will be made by your lawyer in the normal way.
3. Your accident must be a road traffic accident
Currently the accelerated procedure is only available for a road accident claim in England and Wales. A road traffic accident must have occurred on a public road or highway, with at least one motorized vehicle being involved and can include: car accident claims, bus / lorry claims, motorcycle accident claims, pedal cycle injuries and pedestrian claims.
How do you know how much compensation you can claim for a road traffic accident?
You will need the help of a specialist road traffic accident solicitor to determine how much compensation your injuries are worth, but to assist you in a general valuation I have written pages setting out how much you can expect for the most common types of injury, including whiplash neck injury, shoulder pain, lower back injury, broken bones, strains and tendon injury.
Click compensation amounts to see a list of body parts and a page I have written explaining the types and amounts of injury you can claim.
Are there any dangers of settling your road accident compensation claim too fast?
Even though an accelerated procedure exists - it is not always in your interest to conclude your claim too fast.
The biggest danger lies in not fully knowing how serious your injuries are. If the symptoms of your injuries have gone before your claim is completed - it is quite safe to settle your claim< but if your symptoms are ongoing or getting worse your solicitor should take care before advising you to complete your claim.
I would recommend at least waiting 3 months before seeing an independent consultant to complete a medical report - sometimes it is even better to wait 6 months.
For example - whiplash symptoms lasting for a long time period might suggest more than just muscle straining. you might be suffering from a cracked vertebrae which could affect you for the rest of your life.
If you settle your claim too earlier expecting to recover and you do not - you cannot reopen your claim for compensation to recover more money.
Road accident compensation accelerated procedure summary
On this page I have set out how your RTA solicitor can claim road accident compensation on your behalf at a faster rate for low value injury claims.
Click road accident compensation if you have been injured in a RTA in the UK and are considering claiming road accident compensation.