The new process for Low Value Road Traffic Accident claims

30 04 2010

If you instruct us to act for you in a claim for personal injury arising out of a road traffic accident after the 29th April 2010, please be prepared for a long conversation with us because we are obliged to submit your claim to the insurers of the driver who caused the accident on-line to a secured website operated by the Ministry of Justice.The amount of detail which needs to be provided is extensive.

This only applies to claims where the value of the injury or injury related claims such as earnings loss or private medical treatment is likely to be  less than £10,000.00.

On the same day as we submit the form to the insurers, we must send a hard copy to the other driver and in printed form, the claim will generally be about eight pages long.

The form has several sections and it will be helpful if you can have the following information available when we speak.

Your Personal Details

Your full name Address and postcode

Telephone numbers & e-mail address (for our records only)

Your date of birth

Your National Insurance number

Your occupation

Whether you wre wearing a seat belt

Details about your injury

Full details about your symptoms

The name (and address) of any hospital visited following the accident (and reference number if available)

Whether you have received any treatment such as physiotherapy or if this has been recommended

Whether you have been unable to work and the dates of your absence

Whether you have been involved in any other accident in the last three years (for our records only)

Details about the vehicles involved and of the driver responsible

The make, model (where known) and registration numbers of all vehicles involved

The name and address of the other driver or the owner of the vehicle

The number of people in the vehicle in which you were travelling

If you are the vehicle owner

Whether you are comprehensively insured or Third Party Fire & Theft

Who is repairing the vehicle (if not written off)

The name, address and reference number of any company that has provided a hire/replacement vehicle

The dates of hire

If you were a passenger

The name and address of the driver

Accident Details

Description of the accident circumstances

The date, time and weather conditions

The names of any witnesses

The details of any other driver/vehicles involved

Why you think the other driver is at fault

Other Information

Whether you have any legal expenses insurance (legal protection) sold with your motor policy or house contents policy or even travel insurance

If you were injured on public transport, the name of the bus or coach company, the Route number if any and whether you have proof of ticket purchase for the journey, along with the approximate number of other people on the bus or coach.

If it appears that the other vehicle was uninsured, a description of the driver . 

If you don’t have all the information to hand, we may not be in a position to submit your claim and advance your case until you do! However the person taking the information on our behalf will be able to advise you further about this.

A quick and easy process if there is no dispute

The good news, however, is that once the claim has been submitted to the other driver’s insurers they have only 15 Business Days (three weeks) to concede liability and save themselves considerable legal cost if they accept that their insured was to blame. If they miss this deadline, the claim will leave this streamlined process and be dealt with under the much slower and more costly system which has applied up till now.

On the other hand, undisputed claims will progress very quickly from the early provision of physiotherapy or similar treatment to a brief medico-legal examination by a local GP at an appropriate time. The GP then prepares a report in a standard format and if you agree the contents, we will discuss the likely value of your claim and propose on-line a settlement figure (discussed with you in advance) to the other driver’s insurers and upload the medical report along with any documentation confirming your out-of-pocket expenses.

The insurers then have a further 15 Business Days to accept or reject the offer and enter into negotiations over further 20 Business Days to avoid the matter proceeding to a court hearing.

In less serious cases, claims will be capable of being finalised within three to six months and we will be paid a fixed fee by the insurers of the other driver which will cover your legal costs


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Categories : Claim Notification Form, New Process for injury claims, Personal Injury

Fuel Scale charges from 1 May 2010

27 03 2010

Guest blogger Robert Killington explains about the new fuel scale charges.

This article first appeared in Robert’s  excellent VATark Blog and is reprinted here with his kind permission.

For periods starting after 30 April 2010

The fuel scale charge applies to all business cars which are used for
private motoring. The following table sets out the fuel scale charges
for VAT periods commencing after 30 April 2010.

The amount listed under Scale Charge is the VAT inclusive amount. You need to subtract the VAT due to get the figure to include in Box 6 on your VAT Return.

For vehicles which do not have a CO2 emissions figure, you should identify the CO2 band based on engine size, as follows:

  • if its cylinder capacity is 1,400 cubic centimetres or less, use CO2 band 140 or below
  • if its cylinder capacity exceeds 1,400 cubic centimetres but does not exceed 2,000 cubic centimetres, use CO2 band 175
  • if its cylinder capacity exceeds 2,000 cubic centimetres, use CO2 band 235 or above.Whilst every effort has been made to ensure that the figures in the following tables are accurate you should still check that the figures are correct.

    •  

      12 Month return Three Month return One Month return
    CO2 Emissions Figure Scale Charge VAT due per vehicle Scale charge VAT due per vehicle Scale charge VAT due per vehicle
      £ £ £ £ £ £
    120 or below 570.00 84.49 141.00 21.00 47.00 7.00
    125 850.00 126.60 212.00 31.57 70.00 10.43
    130 850.00 126.60 212.00 31.57 70.00 10.43
    135 910.00 135.53 227.00 33.81 75.00 11.17
    140 965.00 143.72 241.00 35.89 80.00 11.91
    145 1020.00 151.91 255.00 37.98 85.00 12.66
    150 1080.00 160.85 269.00 40.06 89.00 13.26
    155 1135.00 169.04 283.00 42.15 94.00 14.00
    160 1190.00 177.23 297.00 44.23 99.00 14.74
    165 1250.00 186.17 312.00 46.47 104.00 15.49
    170 1305.00 194.36 326.00 48.55 108.00 16.09
    175 1360.00 202.55 340.00 50.64 113.00 16.83
    180 1420.00 211.49 354.00 52.72 118.00 17.57
    185 1475.00 219.68 368.00 54.81 122.00 18.17
    190 1530.00 227.87 383.00 57.04 127.00 18.91
    195 1590.00 236.81 397.00 59.13 132.00 19.66
    200 1645.00 245.00 411.00 61.21 137.00 20.40
    205 1705.00 253.94 425.00 63.30 141.00 21.00
    210 1760.00 262.13 439.00 65.38 146.00 21.74
    215 1815.00 270.32 454.00 67.62 151.00 22.49
    220 1930.00 279.26 468.00 69.70 156.00 23.23
    225 1985.00 287.45 482.00 71.79 160.00 23.83
    230 or above 1765.00 295.64 496.00 73.87 165.00 24.57

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    Categories : Fleet matters, V.A.T.

    So why use a Forensic Accountant?

    4 03 2010

    Guest Blogger, Richard Forth the Managing Director of specialist Leeds- based forensic accounting firm, Forth Associates explains

    I am often asked the question “So why do we need to use a Forensic Accountant?  What is wrong with our normal Accountants?”

    The answer is, quite simply, that there is nothing wrong with your normal Accountants when they are preparing your year end Accounts, Tax Returns etc, in that this is where their experience lies and it is that experience, coupled with their knowledge of your business, that ensures all of these documents are prepared correctly and submitted to the relevant parties.

    Our experience as Forensic Accountants is somewhat different, in that we operate in the area between the legal profession and the accountancy profession, using our skills obtained from training in the accountancy field, but also our knowledge of the law in respect to formulation of quantum in legal cases. The marrying of these skills enables us to prepare reports / advices which pull together rafts of relevant accounting documentation into a report format understood by the Court but, importantly, presented within the prevailing legal framework, such that the losses as presented follow all of the rules established by years of quantum based case law.

    This is not a task which necessarily excludes input from your own accountant as they can furnish us with vital knowledge / information to assist us in our task. By presenting losses in this cogent and accepted format, it assists in progressing a case forward from a legal perspective and expediting settlement in the case.

    It is often the case that we end up getting involved in cases where there has been substantial circular correspondence from Claimant to Insurance Company to the Claimant’s own accountant which has proved costly and frustrating and in many circumstances simply caused by a lack of knowledge in terms of presentation of information.

    Richard Forth

    Forth Associates


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    Categories : Forensic Accountants, Guest blogs

    Mitigation of loss

    23 02 2010

    If you have an accident which is not your fault you are nevertheless obliged to keep your losses to a minimum. 

    An example of this is hiring another vehicle whilst your own may be driveable or allowing storage charges to accumulate at a garage when the vehicle has been written off.

    This also applies to inury related matters such as loss of earnings.   If the injuries such that the Claimant cannot continue in their chosen occupation, they will have to look for alternatives that they are physically capable of doing.


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    Categories : Fleet matters, General accident matters, Write offs

    Conflict of interest

    13 02 2010

    This can arise in two principle stuations.

    Solicitors already acting for the Defendant

    If a Claimant instructs a law firm to act on their behalf in regard to an accident they cannot accept the instruction if they already act for the Third Party in another matter even if that matter has nothing to do with accidents – for example where the Third Party is a conveyancing client of the firm.

    There can be an exception where both parties are aware of the conflict and neither objects.

    The driver and his passengers

    Where passengers are injured in circumstances where the driver of the vehicle may be considered wholly or partially to blame, they cannot be represented by the same law firm as the driver at the point where the conflict is clear.  In reality, if this is obvious from the outset, the driver’s solicitors should not accept instructions from the passengers.

    Other possibilities

    Increasingly, it can be argued that a policyholfder and his or her insurers may have a conflict of interest as frequently the insurer may desire or even insist upon settling a claim in a manner opposed by the policyholder.  A typical example is in a head on collision where the insurer may want to settle on a 50/50 basis


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    Categories : Conflict of interest

    VAT recovery on accident claims

    11 02 2010

    Guest blogger Robert Killington (The Fun VAT Man) explains about VAT recovery in accident claims. 

    What’s the VAT situation for a VAT registered business that has to make an insurance claim for damage to one of it’s vehicles?

    Because a VAT registered business can recover the VAT it incurs on business expenses it is able to recover the VAT on the costs of repairing its vehicle. The insurance company will meet the cost of the repairs, less any excess, and the business will have to pay the excess plus the VAT on the repair costs.  The repairer will provide the business with an invoice for the repair costs plus VAT which the business will be able to include in its business records in the normal way. The VAT on the invoice will be credited to the business on its next VAT return.

    That’s the damage to the vehicle dealt with, but what about other expenses that might be covered by the insurance policy?

    Can you reclaim the VAT on those?

    Here I have to roll out my standard answer and that is: it depends.

    It depends on whether the expenses can be seen as legitimate business expenses on which the VAT can be recovered.  If the expense relates to, for example, personal injuries to an employee and the award of damages will be paid to the employee the business is unlikely to be able to recover the VAT and could reasonably expect these to be covered by its insurer.  Only where the cost relates to some expense of the business, e.g. uninsured losses such as hire of a replacement vehicle or the insurance excess, is the business able to recover the VAT on the legal costs.

    How does this affect a sole trader who is claiming compensation for injuries as the result of a car crash?

    Can they get the input tax back on the legal fees?  Probably not unless there can be established a clear connection between the costs incurred and the business run by the sole trader.

    All this means that if a VAT registered business, of whatever description, incurs expenses, including legal fees, that are covered by insurance the business is able to recover the VAT on those legal fees. The insurer will normally only pay out the VAT exclusive amount in such circumstances. It is therefore important to establish at the time a claim is made whether the VAT on the costs may be recovered.

    Ultimately the recovery of VAT on legal and other costs associated with a car crash depends on whether those costs are legitimate business expenses.

    Unfortunately I have to fall back on the age old comment that the outcome will depend on the facts of each individual case.

    Car Accident Aid is most grateful to Robert for his most helpful advice.  Robert has a wealth of knowledge on how to manage VAT.  You can meet him at 4Networking meetings in Crawley where he is the Group Leader and at various other 4Networking Events where he is the 4Sight speaker- on VAT of course!

    For more of Robert’s words of wisdom, view his VATark website


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    Categories : Fleet matters, Guest blogs, Uninsured Loss Recovery

    Reversing accidents

    9 02 2010

    These generally fall into two categories – those where one of the drivers has moved from a parked position and less frequently where a driver has allegedly selected reverse in an otherwise rear end shunt scenario.

    Parking incidents

    All too frequently accidents involving reversing manoeuvres occur in car parks.  On the one hand, there is little choice but to reverse and secondly the driver proceeding down the parking lane should be on notice that a vehicle may reverse unexpectedly at any time.

    Often both vehicles may be reversing at the same time.

    Establishing who is to blame can be very difficult and in the absence in independent witness evidence,  photographs or better CCTV footage, liability is likely to be split.

    Allegations in rear end shunt claims

    In practice, motorists rarely take it into their heads suddenly to reverse, however this can happen (for example) where :-

    a. At the mouth or a roundabout or junction, a motorist has edged out too far and reverses to avoid obstructing traffic

    b. On a slope, a vehicle rolls backwards through problems with brakes or snow

    It is sometimes used as a (desparate) defence to the allegation of a rear end shunt and again without clear witness evidence, the claim is unlikely to succeed.

    If you are not yet a client of Kaslers RTA department but would like initial free advice on any matter relating to a road traffic accident in the UK, whether relating to an injury or vehicle damage, click here for our New Enquiry Form


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    Categories : Parked car accidents

    Memorandum Of Understanding

    8 02 2010

    This means an agreement between motor insurers that their “outlay” – in other words what they pay for their policyholders’ repairs or total loss value, will be excluded from the amount claimed in any civil Court proceedings between the drivers.

    The intention is primarily to ensure that the claim remains wherever possible within the Small Claims Track thus reducing Court Fees and the likelihood of legal fees becoming payable to the successful driver’s solicitors.


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    Categories : General accident matters, Split settlements

    Knock For Knock

    8 02 2010

    WHAT DOES MEAN?

    Absolutely nothing!

    People still talk about settling cases on a knock-for-knock basis even though the concept has not been used for over twenty years and never meant what everythone thought it meant!

    WHAT KNOCK-FOR-KNOCK ACTUALLY MEANT

    Back in the ’80s , motor insurers used this bizarre idea which meant that if, for example, the policyholder of Insurer A rear-ended the policyholder of Insurer B, the “knock” would be chalked up in favour of Insurer B then cancelled out when one of Insurer B’s policyholders was at-fault in an accident with the policyholder of  Insurer A.

    The problem was that the value of the claims  that knocked in each other out could vary somewhat – a dent in the bumper of a Mini cost less than a written-off Bentley even in those days!

    To a large extent, the concent was replaced by the insurers Memorandum of Understanding (or MOU)

    WHAT EVERYONE THOUGHT IT MEANT

    Most people imagined that this was the correct expression when both parties were equally to blame but this should more correctly be described as a 50/50 settlement.   Surprisingly the expression has survived many decades of misuse!

    If you would like to ask a question about 50/50 Settlements or need legal representation just go to our On-line Enquiry Form.


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    Categories : Split settlements

    Welcome to Car Accident Advice

    31 01 2010

    Whether you are client or simply need advice about the aftermath of a road accident in the UK, here’s the place to find the answer.

    Car Accident Advice is both a website and blogsite.

    If you are not yet a client of Kaslers RTA but would like initial free advice on any matter relating to a road traffic accident in the UK, whether relating to an injury or vehicle damage, click here for our New Enquiry Form

    If you are an existing client of Kaslers RTA , go to the Client Areasection to find numerous documents not available to general browsers.  You will have been provided with a password for these and as most of our correspondence with  clients is by e-mail, you will find hyperlinks in out letters directly into the relevant section of this site.

    We also now have a selection of on-line forms (also found in the Client Area) to simplify your providing us with instructions.

    For the commercial motorist, go to our Fleet Section.

    Other than documents to which existing clients are specifically directed, this blog is intended to provide information not legal advice – please see the disclaimer page.  No two road accidents are identical and no reliance should be placed on comments in these pages.  We are always happy to assist clients wherever possible.


     
    Chris Lodge – Road Traffic Accident Department
    Kaslers Solicitors LLP
     
    Offices in West Malling, Kent and Canary Wharf, London

    Follow us on Twitter as @CarAccidentAid

    Kaslers Solicitors LLP 

    Kaslers Solicitors LLP is a limited liability partnership (England, LLP No. OC310653) and has its registered office at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU and is authorised and regulated by the Solicitors Regulation Authority (reg. no.408936).  The LLP Members are Michael Breeze (SRA reg. no. 110184) and Simon McCree Scott (SRA reg. no. 298202)

    Tel: +44 (0) 845 270 2511    Fax: +44 (0) 845 270 2513

    DX 92863 West Malling


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    Categories : Client Services

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