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23rd Mar 2010
New road accident injury rules welcomed by South Yorkshire solicitor
New regulations for handling road accident injury claims will spare victims time and trouble in seeking compensation, according to a Barnsley lawyer.
Debra Allen of Raleys Solicitors says the new rules, to be introduced at the end of April, will cut months off the time it takes for accident victims to receive compensation.
The changes will apply to all claims for under £10,000 where liability for the accident is not disputed.
“Most road accident claims fall into the low-value, i.e. under £10,000 bracket, and fault is usually not contested,” said Debra. “And yet even in these very common, apparently straightforward cases, victims can be left waiting for months without receiving a penny because the legal process is slow.
“Under the new system, once a claim has been submitted, the defendant will only have 15 working days to respond, rather than the four months currently allowed. This change means victims will know very quickly if they are going to receive any money, allowing them to plan ahead and move on from the accident much quicker.”
In addition, once the victim’s medical evidence has been given, the time allowed for negotiations will be fixed. If, at the end of this negotiation period an agreement has not been reached, a judge will be asked to make a decision. Neither the claimant nor the defendant, however, will be required to appear in court, something which many accident victims worry about under the current system.
Debra said the new rules also entitle road accident victims to an automatic interim payment of £1000 if the medical expert is not able to submit evidence immediately or if further treatment is required before the claim can be settled.
“Sometimes it is not always possible to assess the extent of an injury from a single examination, which means, from a legal point of view, it is not always easy to establish immediately the extent of the pain and suffering caused or any likely impact on earnings. You might, for example, need to be re-examined by the expert after undergoing a course of physiotherapy. Often the appointments with the expert can be several months apart.
“At present, unless the defendants insurers agree to make a payment voluntarily during this period, an accident victim may have to wait until the end of his case or go to court to claim a payment on account. Under the new scheme, a claimant in this situation will automatically get a £1000 interim payment for his or her pain and suffering and can also request additional sums be paid to cover any medical expenses or loss of earnings.”
For more information, visit www.raleys.co.uk.
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