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06/10/2003
New scheme for road accident claims unveiled
The vast majority of consumers seeking redress for personal injury in road traffic accident (RTA) claims will benefit from "speedier and more predictable settlements" following the introduction today of a scheme to fix legal costs recoverable from defendants, usually insurance companies.
Solicitors, insurance companies and the legal system as a whole should also gain from the new scheme which applies to RTA cases which are settled before court proceedings are instituted and where the value of the claim does not exceed £10,000.
The scheme will operate in a simple "swings and roundabouts" manner and apply to all cases unless there is an exceptional reason for it not to. The rules will formally apply only to cases where the accident takes place on or after 6 October 2003, although solicitors and insurers are being encouraged to use them as a basis for settling existing cases.
In summary, the scheme involves a formula for fixing the amount of fees that lawyers' can recover from losing defendants. It is expected that up to 90% of RTA claims will fall under the £10,000 ceiling for the scheme - there are some 400,000 RTA claims involving personal injury made every year and around 700,000 personal injury claims in total.
David Lammy, Minister for Civil Justice at the Department for Constitutional Affairs, said: "The scheme is a significant step towards bringing stability and certainty to the personal injury claims market following extensive litigation round legal costs that delayed settlement of hundreds of thousands of cases. The scheme will help ensure that solicitors and liability insurance companies deal with genuine RTA claims efficiently and effectively and that legal costs are reasonable and predictable."
The scheme will be brought into effect by the new rules of court developed by the Department for Constitutional Affairs in conjunction with the Civil Procedure Rules Committee and based on an agreement brokered with key legal and insurance organisations by the Civil Justice Council in December 2002.
(gmcg)
Solicitors, insurance companies and the legal system as a whole should also gain from the new scheme which applies to RTA cases which are settled before court proceedings are instituted and where the value of the claim does not exceed £10,000.
The scheme will operate in a simple "swings and roundabouts" manner and apply to all cases unless there is an exceptional reason for it not to. The rules will formally apply only to cases where the accident takes place on or after 6 October 2003, although solicitors and insurers are being encouraged to use them as a basis for settling existing cases.
In summary, the scheme involves a formula for fixing the amount of fees that lawyers' can recover from losing defendants. It is expected that up to 90% of RTA claims will fall under the £10,000 ceiling for the scheme - there are some 400,000 RTA claims involving personal injury made every year and around 700,000 personal injury claims in total.
David Lammy, Minister for Civil Justice at the Department for Constitutional Affairs, said: "The scheme is a significant step towards bringing stability and certainty to the personal injury claims market following extensive litigation round legal costs that delayed settlement of hundreds of thousands of cases. The scheme will help ensure that solicitors and liability insurance companies deal with genuine RTA claims efficiently and effectively and that legal costs are reasonable and predictable."
The scheme will be brought into effect by the new rules of court developed by the Department for Constitutional Affairs in conjunction with the Civil Procedure Rules Committee and based on an agreement brokered with key legal and insurance organisations by the Civil Justice Council in December 2002.
(gmcg)
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