As of April 2010 the claims process for road traffic accidents with a relatively low compensation payment has been changed in order to make the claims process quicker. The new process will apply to cases where the compensation payout is likely to be between a thousand and ten thousand pounds and it is mainly the initial stages that differ from the old process.
Prior to the change the process meant that the insurer had a 21 day period in which they acknowledge receipt of the letter of claim, then a period of three months in which to carry out investigative work, so they could decide whether they were liable or not. A frustrating length of time for the potential claimant.
However, since early 2010 instead of a letter of claim, the claimant submits a Claims Notification Form online, using a new secure portal, then once this had been submitted to the insurer they have. 15 days in which to make their decision on liability, which is also submitted online.
The new Claims Notification Form contains more detail which must be filled out, than necessary in a letter of claim and so it will most likely take the claimant longer to lodge the claim whilst they gather the information. However once they do notify the insurer of the claim via the portal they will receive the decision on liability in a much more timely fashion.
Another big difference to the old process is that rather than waiting for the insurers offer, it is the claimant who makes an initial settlement offer, based on the medical evidence and any financial losses.
The other time saving measure employed by the new process is that if there is no discrepancy over liability, but the settlement figure can’t be agreed upon, then rather than the parties going to Court, the Court will decide in their absence, based on the ‘on paper’ information.
As the process is still relatively new it is difficult to make a judgement on its success, and of course not every case will go through the entire process as if liability is not admitted or their are other issues then the usual procedure will stand.
If you have had an RTA and think you have a whiplash, head or neck injury claim, then a personal injury solicitor can see if you are elgible to make a compensation injury claim
