MoJ Guidelines - Key stages of new process for RTA personal injury claims

Please click here to download a pdf of the MoJ Process in detail. This can be saved and used to remind you of the complete process and timescales.

Alternatively for a quick breakdown of the stages please click on the following links to be taken to the stage you require.

Stage 1 - Providing early notification of claims to defendants and insurers

Stage 2 - Medical evidence, offers to settle and negotiation

Stage 3 - Where quantum cannot be agreed

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Stage 1 - Providing early notification of claims to defendants and insurers

The Claim Notification Form (CNF) will be sent electronically to the defendant's insurer and the claimant solicitor or claimant will sign the Statement of Truth on the CNF.

The defendant's insurer will send a receipt to acknowledge receiving the CNF.

All the fields on the CNF must be completed with the exception of the referral source field.

When the CNF has been correctly completed, the defendant's insurer will have 15 business days in which to respond - electronically - with the exception of the Motor Insurers' Bureau, which will have 30 days to respond.

Fixed recoverable costs of £400 will be paid at the end of Stage 1 where liability is admitted. A 12.5% success fee will be applied to Stage 1 fixed recoverable costs. However, the success fee element for Stage 1 will only be payable at the end of Stage 2.

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Stage 2 - Medical evidence, offers to settle and negotiation

Once the defendant's insurer has made an admission of liability, the claimant solicitor will obtain a medical report.

Where it is clear from the medical report that an additional medical report is necessary from an expert in a different discipline, the claimant solicitor may make a request for an interim payment.  Additional medical evidence may also be obtained.

The acquirement of medical records will only be allowed as a disbursement where the medical expert has identified a need for them.

There is no fixed timetable for obtaining the medical report.

The claimant solicitor will complete the Stage 2 Settlement Pack form. This will be sent electronically to the insurer, together with the medical report and any receipts/evidence of special damages claimed.

The insurer has 15 business days from receipt of the Stage 2 Settlement Pack to consider and either accept the claimant's offer or make a counter offer.

Where the defendant's insurer makes a counter offer, there will be a further 20 business days for consideration and negotiation between the parties. The total consideration period for Stage 2 Settlement Packs is 35 days.

Where agreement on quantum has not been reached at the end of the 35-day total consideration period, the claimant solicitor will prepare the Stage 3 Court Pack for a hearing.

Prior to completing the Stage 3 Court Pack, any Additional Damages being claimed must be consolidated into the existing Stage 2 Settlement Pack and presented back to the defendant insurer for them to agree a further offer or make a counter offer.

Fixed recoverable costs of £800 will apply to all claims taken forward under this process from the beginning to the end of Stage 2. This will attract a 12.5% success fee uplift where the case settles.

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Stage 3 - Where quantum cannot be agreed

Where quantum cannot be agreed by the end of Stage 2, an application will be made to the court to determine quantum.

There will be separate fixed recoverable costs for claimant solicitors for Stage 3 of the process for paper (£250) and oral hearings (£500). There will be a fixed success fee of 100%, which will only apply where the claim concludes at trial and the claimant has won.

Where an offer is made and settlement is reached between the issue of the claim and before the trial commences, fixed recoverable costs of £250 will apply and there will be a fixed success fee of 12.5%. The agreed damages and fixed costs should be paid within 10 days of a settlement being reached.