Why Settlement of a Personal Injury Claim Does Not Bring the Application of the RTA Protocol to an End - Ben Hicks, 1 Chancery Lane
23/06/16. The recent Court of Appeal decision in Phillips v Willis [2016] EWCA Civ 401 has provided welcome clarity as to the fate of claims initially made through the RTA portal when the personal injury element has been resolved prior to litigation commencing at Stage 3, but a dispute as to low-value special damages remains live between the parties.
The matter in question arose out of a collision between the parties’ vehicles on 28th June 2013. The Claimant’s Vauxhall Astra car was written off and he suffered minor personal injuries, for which he required physiotherapy. In the absence of the Astra, he also required a car and, to this end, he hired an alternative car for just over one month.
Given the date and nature of the accident, it was inevitable that the Claimant would need to proceed under the applicable RTA Protocol (ie that dealing with accidents occurring before 31st July 2013). This was exactly what he did. Liability was rapidly admitted and by the end of Stage 2 of the process, the Defendant’s insurer had agreed his claims for general damages and treatment costs. Hire charges of £3,486 were however still in issue, with the insurer offering only £2,334...
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