All about the Personal Injury Online Claims Portal
RTA’s are where bodily injury arose out of the use of a motorised vehicle on a road or other public place.
Employers Liability is where bodily injury has been sustained in the course of employment OR a disease has allegedly been contracted in the course of employment and as a result of an employer breaching their duty of care.
Public Liability is where bodily injury has been suffered in a public place by a lawful visitor as a result of the property owners (or occupiers) failure to protect you.
Stage 1 - investigation
After a consultation and correspondence with your Solicitor, they will complete a Claim Notification Form on your behalf and send it to the Defendant. This will have to be approved by you just as there is a statement of truth that the contents are accurate. This is a lengthy form detailing: the name, personal details, address and vehicle registration of both parties, your place of work, details of the accident including location, time, injuries, attendance at A&E, duration in hospital and information of the proposed Defendant. This form must be acknowledged within 1 working day and then the Defendant has:
15 business days to respond to RTA’s,
30 business days to respond to Employers Liability,
40 business days to respond to Public Liability claims.
This response should include an admittance or denial of liability. If liability is accepted, the claim will proceed to stage 2. If liability is denied, the claim will fall out of the portal and will be dealt with via the Personal Injury Protocol, allowing an insurer 3 months to investigate liability).
Stage 2 – Settlement pack
During stage 2, all evidence supporting your claim for damages is obtained and submitted to the other side. This can vary between hospital and GP records, evidence of financial loss, expert reports and witness statements. Once all this information is finalised, it will then be sent to the Defendant with a settlement proposal. We will discuss and agree with you what would be a fair settlement, in full and final settlement of your claim to include compensation for injuries sustained, as well as out of pocket expenses. The defendant then has 15 working days to agree on the offer made by the client OR make a
Stage 3 - Litigation
Stage 3 is only engaged where an agreement of damages has not been reached during stage 2. This last step is therefore not always necessary. Stage 3 essentially is an Assessment of Damages by a Judge at court. This will be through either an oral or paper hearing. A paper hearing is where a Judge considers damages purely on the evidence obtained to date without the benefit of submissions from either sides representation. An oral hearing is when representatives attend a formal hearing before a judge to debate what level of compensation is due. The benefit of a paper hearing is that it will be heard a lot quicker than a formal oral hearing.
Did you know?
Advantages of the portal system
The portal system is significantly cheaper and faster than the court system. Personal injury claims used to take years to be heard, sometimes longer. They can now be settled in as little as 6 months – 1 year depending on the extent of injuries sustained and final prognosis.
Solicitors are able to correspond directly with an insurance company so reducing response times and significantly speeding up the process.
How can a claim be dropped out of the portal?
If there isquestion
of contributory negligence (ie whether a seatbelt was worn in an RTA claim) the portal is not used.
If an insurer has not signed up to the portal, the claim cannot be pursued online.
If the Defendant denies liability, the claim falls out of the portal.
Failure to comply with time limits can result in the claim falling out of the portal.
Jefferies deal with Claim Portal claims on a daily basis. We are here to ensure that claims are notified quickly and efficiently, enabling straightforward claims to be settled within a reasonable time frame. We are also here to make sure that claims are properly valued so that our clients receive the compensation they deserve for their suffering and loss. We act on a no win no fee basis, with you keeping 100% of the compensation due to you. If you have a claim, or would just like to make an enquiry, please speak to our dedicated personal injury team on 01702 443472.