PI Brief Update

Vehicle Related Damages, Credit Hire and Taxi Claims - Andrew Mckie, Clerksroom

21/03/15. For any fee earners dealing with RTA claims, one of the most important areas is vehicle related damages and taxi claims. This area of practice will often form one of the most challenging areas since it is often, for the insurer, the most significant part of the case.

Thus, the chapter discusses, in summary, making claims for vehicle related damages in the Low Value Portal, damage claims and engineering evidence, storage claims, loss of use claims, credit hire, diminution claims and issues arising out of taxi claims.

The Low Value Portal

The Low Value Portal for post 31 July 2013 cases sets out:-

Vehicle related damages - additional damages

7.51 Paragraph 7.52 applies where at the end of the relevant period in paragraphs 7.35 to 7.37 the claim (“the original damages”) has not settled and there remain vehicle related damages (“the additional damages”) being dealt with by a third party separate from the claim. The original damages include all elements of the claim in the existing Stage 2 Settlement Pack.

7.52 Where paragraph 7.51 applies the claimant must, in relation to the additional damages—

(1) notify the defendant that this separate claim is being considered;

(2) obtain all relevant information from the third party; and

(3) make a separate offer by amending...

'RTA Personal Injury Claims: A Practical Guide Post-Jackson' by Andrew Mckie ISBN: 978-0-9575530-7-1 Published: February 2015 Price: £49.99 Click here to order now

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