Welcome Delay for RTA Victims

Julie Bennett, Solicitor and Partner at Evans Derry Solicitors

Tuesday, 28 July 2020

In April 2020 the government announced that the proposed amendments to their plan to increase small claims limit for Road Traffic Accident (RTA) claims until April 2021 due to the ongoing coronavirus (Covid-19) pandemic and its impact on medical, insurance and legal services.

The aim of the reform is to increase the small claims limit to £5,000 for injuries resulting from RTA’s. This means that, as of the April 2021, anybody who sustained injuries in an RTA and whose likely settlement will be less than £5,000 will no longer be entitled to seek help from a solicitor on a NO Win NO Fee basis. This applies whether you are a driver or passenger in the vehicle.

Essentially, the government is working on creating a “Portal” where the injured person will be able to submit a claim directly, without having any access to legal help from a Solicitor. It will leave unrepresented injured people in a very vulnerable position if liability i.e. who is to blame for the accident, or the value of the claim is disputed as they would then have to issue small claims proceedings, possibly paying a Court fee and representing themselves at a Trial – a daunting prospect for most! There has been no guidance as to how an injured person will obtain medical evidence to support their injuries or assistance for them proving their financial losses such as lost earnings or care.

Bearing in mind, the other side will usually be an insurance company or claims handling services who train their staff with all the most up to date legal decisions and whose very job is to settle a claim with the smallest possible payments, this seems to be a huge inequity in arms.

The extension is a great news for all injured people who suffered as a result of RTAs as it means people can still to seek legal help from the solicitors on NO Win NO Fee basis, at least until April 2021. Once the reforms are implemented, Claimants will find it difficult to fund their own cases and compete against giant insurance companies who have unlimited resources.

So if you have been involved in RTA due to somebody else’s fault within last 3 years, please contact us so we can help you to get access to justice. It is important to act now before it’s too late! We offer No Win NO Fee agreements and free consultations.

If you think we can assist you, or anyone known to you, please email juliebennett@evansderry.com or call us on 0121 770 1721 to speak to one of the team.