The Road Traffic Accident Small Claims Protocol
| Author | Patricia Pearl/Tim Parker |
| Pages | 263-275 |
Part 5
Road Traffic Accident Personal Injury Small Claims
Chapter 13
The Road Traffic Accident Small Claims Protocol
13.1 OVERVIEW
The small claims track has been expanded to cover some road traffic accident (RTA) personal injury claims where the injury aspect has a value of up to £5,000. For exceptions, see paragraph 13.4.
Unless an exception applies, the claimant must start by using an official website known as the Small Claims Portal.
The Portal is designed to be used by claimants without a lawyer, dealing directly with insurers. The aim is for cases to be settled without legal expenses, which have been borne by insurers and which they say have driven up motor insurance premiums. The aim is that nearly all claims will be settled swiftly and without going to court.
If the claim leaves the Portal and goes to court, the procedure is covered by a Practice Direction – CPR PD 27B.
This chapter gives an overview of this novel procedure. The website itself guides claimants step by step as they use the Portal. A detailed and simply worded explanation of the Portal process can be found in the Guide to Making a Claim.
The Portal Support Centre has a helpline.
266 Small Claims Procedure in the County Court
13.1.1 Portal basics
• The Portal must be used for all claims falling within the RTA Small Claims Protocol (‘the Protocol’)
• The Protocol only applies to RTA cases with a personal injury element
• The Protocol only applies if the accident happened on or after
31 May 2021
• Some RTA cases are excluded from the Protocol (see paragraph 13.4)
• If the claimant and insurer cannot agree who was to blame, the court decides
• If the claimant and insurer cannot agree on the amount of compensation, the court decides
• The documents used in the Portal claim are also used in any court proceedings which may follow
• Claims about injuries not involving a road traffic accident cannot be put forward in the Portal, and only qualify for the small claims track if they are valued at £1,000 or less
• The procedure is not optional. If the claim qualifies for the Portal, the Portal must be used
• The cost of medical reports, and who provides them, is controlled by the Portal procedure
• If several people are injured in an RTA, they must each make their own separate Portal claim
13.2 TERMINOLOGY
Portal The online system at www.officialinjuryclaim.org.uk which handles certain road traffic personal injury claims
Compensator The person who deals with the Portal claim for the defendant: usually but not always the defendant’s insurer
Personal injuries There is no comprehensive definition, but the term includes any impairment of a person’s physical or mental condition
Protocol The Road Traffic Accident Small Claims Protocol
RTA Road traffic accident
Vulnerable road user Motorcyclists and their passengers including those in a side car, cyclists, people using a wheelchair or mobility scooter, horse riders, and pedestrians
Whiplash injury Most injuries of the soft tissue in the neck, back or shoulder count as a whiplash injury
13.3 VALUING A CLAIM FOR THE PORTAL
Whether a claimant who was hurt in an RTA on or after 31 May 2021 must use the Portal depends on the value of the personal injury element, and the total amount claimed. The Guide to Making a Claim contains useful information about this.
13.3.1 Personal injury
Compensation for personal injury covers pain, suffering and loss of amenity. ‘Loss of amenity’ means restrictions on the claimant’s life and activities. The Portal is only used if the value of the personal injury claim is £5,000 or less.
Whiplash
Many RTA injuries are whiplash injuries.
Compensation for most RTA whiplash injuries is fixed by the Whiplash Injury Regulations 2021.
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