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Hit the road

DJ Julie Exton marks the first birthday of the RTA protocol

6 June 2011

The pre-action protocol for low-value personal injury claims in road traffic accidents is just over a year old. At present it only applies to personal injury claims between £1,000 and £10,000 arising out of accidents occurring on or after 30 April 2010, where liability is admitted.

It provides for a three-stage process which envisages most claims being resolved by the end of stage 2. Stage 1 involves sending the insurer a claim notification form (CNF) in form RTA 1 (with a copy in form RTA 2 direct to the insured). If the insurer does not respond within the required 15 days, denies liability, alleges contributory negligence (other than failure to wear a seat belt) or asserts that the information on the RTA 1 is inadequate, the claim falls out of the process.

If liability is admitted, the claim moves on to stage 2. A settlement pack is submitted, comprising the medical report, receipts or other evidence of special damages, receipts for disbursements and the claimant’...

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