Road traffic accident Definition

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GLOSSARY

What does Road traffic accident mean?

Accidents involving collisions between road vehicles and other vehicles, pedestrians, animals or obstructions.

Such accidents are a common cause of action in personal injury claims. All drivers of motorised vehicles on roads are required to have insurance cover to deal with such claims.

View the related checklists about Road traffic accident

Fixed costs—road traffic accident portal claims—checklist

Fixed costs—road traffic accident portal claims—checklist NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident). For a copy of Part 45 in force prior to 1 October 2023, see: Can more than fixed costs be recovered? London weighting There is a 12.5% increase on the fixed costs if the claimant lives or works and their instructed solicitor practises within one of the London areas set out CPR 45. Other circumstances For guidance on the other circumstances in which more than fixed costs may be recoverable, see Practice Note: Fixed costs in road traffic accident claims. Children There are specific fixed costs for infant approval hearings. See Practice Note: Fixed costs in road traffic accident claims. Whiplash/soft tissue injury claims For guidance on the disbursements which can be claimed, see Practice Note: Fixed costs in road...

The RTA small claims protocol—key features checklist

The RTA small claims protocol—key features checklist The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (PSLA) (subject to exceptions set out in CPR 26.10 and CPR 26.11). The RTA Small Claims Protocol applies where a claimant who has suffered personal injuries (including but not limited to whiplash injuries) because of a road traffic accident wishes to make a claim for compensation and the amount claimed for their injuries is not more than £5,000 and for their overall claim is not more than £10,000. Key feature CPR section Detail Further information Aims of the Protocol Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents, para 3.1 The aims of...

Fixed costs in road traffic accident claims

NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident).The version of CPR 45 in force before 1 October 2023 is referred to in this Practice Note as ‘Rule’ or ‘Part’.For a copy of Part 45 in force prior to 1 October 2023, see:NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (subject to exceptions). For further details, see: The RTA small claims protocol—key features checklist.The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) applies to road traffic accident...

The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents—30 April 2013 onwards

THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE AS AT 30 APRIL 2013 ONWARDSNOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) applies to accidents which occur on or after 31 May 2021 and where the amount claimed for the injuries is not more than £5,000 and the overall claim is not more than £10,000. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of damages for pain, suffering and loss of amenity (subject to certain exceptions). For further details of the RTA Small Claims Protocol including the circumstances where it does not apply, see: The RTA small claims protocol—key features checklist.The revised Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013 and £10,000 where the accident occurred on or after 30...

Discover our 188 Practice Notes on Road traffic accident

Letter advising expert of forthcoming case management conference and asking for details for costs budgeting and timetabling

Letter advising expert of forthcoming case management conference and asking for details for costs budgeting and timetabling Dear [Insert] Re: [Insert name of client] Thank you for agreeing to report on this case. Your role in the litigation: We have assumed that your report will be limited to (insert) Documentation: We have assumed that you will be required to review [insert detail] There is a forthcoming case management and budgeting conference in this matter and we require confirmation from you as to the costs that you have incurred to date and likely future costs. In making this request we have made the following assumptions about the work that will need to be carried out in future in the case: • [insert] — Examination of Claimant — Re-examination — Conference with Counsel — Joint meeting with the [Claimant’s OR Defendant’s] expert(s) — Oral evidence at trial We would be grateful therefore if you could please provide the following information: [Delete as applicable] 1 Details of your fees...

Letter advising expert of outcome of case management conference and providing future timetable

Letter advising expert of outcome of case management conference and providing future timetable Dear [Insert] Re: [Insert name of client/claimant] The Court have now timetabled the case in which you are involved as [insert details eg liability expert] We enclose a copy of the court directions. The steps that you will need to be involved in consist as follows:- [Insert relevant court timetable details] You will be required to prepare a joint statement with the [Claimant’s OR Defendant’s] expert [insert details] no later than [insert]. We advise that you contact the [Claimant’s OR Defendant’s] expert in order to arrange a date for a meeting

Dive into our 28 Precedents related to Road traffic accident

What is motor vehicle or road traffic accident insurance?

What is motor vehicle or road traffic accident insurance? In the UK, motor insurance is a mandatory insurance policy for any vehicle owner or driver unless the vehicle is declared as off the road. There are heavy penalties, both civil and criminal, for uninsured drivers (who are caught). The mandatory insurance regime is intended to protect the general public (including pedestrians and other non-vehicle users) against personal injury and damage caused in a road traffic accident. Types of motor insurance policies The motor insurance market is split into three main types of insurance: third-party only; third-party fire and theft; and comprehensive policies: • third-party only policies provide the minimum level of cover required by the law, namely the Road Traffic Act 1988 (RTA 1988). RTA 1988 mandates that motor insurance must at the very least cover the risk of death, personal injury or property damage to third parties caused by the insured vehicle • third-party fire and theft provides third-party cover as described above but in addition...

Where the insurance for the opposing party’s vehicle is in the name of the employer and that employer has dissolved, can the European Communities (Rights against Insurers) Regulations 2002 be used to issue against the insurer instead? My concern is that the regulation states that the ‘insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person’ but are the insurers liable to the ‘insured person’ when their insured is the employer?

Where the insurance for the opposing party’s vehicle is in the name of the employer and that employer has dissolved, can the European Communities (Rights against Insurers) Regulations 2002 be used to issue against the insurer instead? My concern is that the regulation states that the ‘insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person’ but are the insurers liable to the ‘insured person’ when their insured is the employer? For guidance on the liability of an ‘employer’ for a driver’s negligence, see Practice Note: Vicarious liability in road traffic accidents. For further guidance on when a claimant may not have a direct right of action against an insurer under the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061, see Practice Note: Indemnity in personal injury claims. For guidance on motor insurance, see Practice Note: Motor insurance. The Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) simplifies and modernises the procedure for third-party victims...

See the 87 Q&As about Road traffic accident

High car insurance keeping 2.6 million from driving in UK

Law360, London: The soaring cost of car insurance is keeping 2.6 million drivers who are unable to afford the price off of the roads in the UK, statistics published by Citizens Advice on 10 December 2024 show.

PI & Clinical Negligence weekly highlights—12 December 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a High Court case which looked at the use of intermediaries to assist vulnerable parties in personal injury claims. We also consider a Court of Appeal decision which ruled that denying hire charges based solely on the lack of a valid MOT would be a disproportionate response to the relatively minor nature of that offence. We also include our usual roundup of other news, cases and New Law Journal articles of interest.

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