Pictured above: Adam Penn
As changes aimed at speeding up the process of road traffic
accident personal injury claims are now beginning to take effect,
Adam Penn of Ansons Solicitors is warning that not taking legal
advice could mean victims settle for less compensation than they
should ultimately be entitled to.
These changes affect road traffic accidents which occurred on or
after 30th April 2010, with a personal injury claim value of
between £1,000 and £10,000. The vast majority of
road traffic accidents fall into this bracket.
Personal injury solicitor Adam Penn explains further: The aim of
the legislation is to reduce the time it takes for disputes to be
settled by setting fixed time limits and costs for less complicated
accidents. However, I can foresee there being a potential for
insurers to pressurise the claimant to settle, perhaps for less
than they could receive with further negotiation, in order to meet
the rigid timescales.
"In my mind this makes seeking expert legal advice even more
important then ever before in order to ensure the full amount of
compensation is obtained."
There are three stages to the new process with each stage having
a fixed cost and deadline depending on the circumstances.
Stage 1 - the claimant's solicitor completes a claim
notification form and sends it to the insurer who may admit or deny
liability.
Stage 2 - if liability is admitted, the claimant obtains a
medical report and the process continues with settlement offers and
negotiations which must be concluded within a strict time
period.
Stage 3 - where the parties cannot agree a settlement an
application is made to take the case to court.
Adam concludes: "The new process has meant that solicitors have
had to invest time and resource in order to understand the new
online claims process. If from 30th April you are unfortunate
enough to be involved in accident and you intend to seek
compensation then it is vital that you instruct a solicitor who is
prepared to deal with the new online process to ensure they are
able to meet the various strict deadlines."
Most solicitors offer victims of accidents a cost-free initial
consultation during which the case is assessed. If the case isn't
pursued, the victim has gained peace of mind at no cost. Should a
claim have prospects of success, then most solicitors will act on a
'no win, no fee' basis and take immediate action to protect the
victim's position.
For more information about Ansons, please visit their website
here: www.ansonsllp.com