Big RTA Data

RTA Criteria and Referral Process.

  • Driver or driver plus passenger claims only- NO PASSENGER ONLY CLAIMS
  • Client has to have the Third party details like the vehicle registration number, preferably TP insurance details, police reference number ( if the police were called), their own insurance details and other related information
  • Occurrence of the accident within last 3 years, (technically within last 2.5 years as we need at least 6 months to run a case), minors can make a claim from the date of the accident till the date they turn 21 years of age, (there again we need at least 6 months to run a case prior to when they reach 21 years of age)
  • Sufficient damage
  • Sufficient injury
  • Applicable circumstances
  • Client is expected to attend an independent medical
  • Client has to be injured for at least 6-8 weeks
  • Client will be charged if they have instructed other solicitors as well as our firm and they have lied about it on the initial statement call
  • 50/50 cases – client injuries have to last longer than 6-7months
  • Client must have permanent address – not in motor homes
  • Must have had accident in Scotland or UK
  • Damage to vehicle must be more than £250 but if a brand new vehicle we must be able to prove there was sufficient enough damage to cause injury, so will need more
  • No multiple occupancy
  • Medical attention given and symptoms exceeding 10 weeks (if medical attention hadn’t been given and client lied then client will be charged plus clawback)
  • Client will also be charged if they breach the terms of the retainer documents
  • No translator claims
  • Accident should be reported as soon as possibleto the staff/owner/employer and put in the accident book
  • Client has to take names of the witnesses if there are witnesses
  • Pictures of the defect are essential. In cases involving badly maintained pavements, it would be advisable to put a ruler or a coin standing upright beside the defect to give us an idea of depth / height.
  • We need to know how long the defect or a spillage was there before the accident, supermarkets normally have every hour cleaning procedure and the council has 3, 6 or 9 months to fix neglected area.
  • We need to know whether the client was aware of the defect, did the client see or notice any sign/barrier/warning to suggest they shouldn’t have been there or that there was any kind of danger?
  • Injuries and medical advice
  • For Highway trip cases against the council these will only be paid on a deferred basis and as well as photos of the defect we need a witness statement to the accident and a witness statement to say how long the defect has been present from somebody in the area that is aware of the same.

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