We will then need to write a letter of claim to the other party's Insurers in accordance with the "Pre-Action Protocol". This is the set of Rules laid down by the Courts, which govern the way in which claims proceed before a legal action is begun. The Insurers then have 3 months to investigate the claim, after which time they must confirm whether or not liability for the accident is contested.

If liability is disputed, we need to consider taking the matter further through Court Proceedings, which have their own comprehensive guidelines as to how a claim is brought. The decision as to whether a legal action is begun will depend upon whether your claim has reasonable prospects of succeeding if it were to go before the Court, and we will advise you fully about this throughout your claim.

If liability is not in dispute, then we will be in a position to begin negotiations to settle your claim (subject to the injuries having recovered or stabilized - see above). Before we can settle the claim, however, we need to have obtained a full medical report setting out the complete picture with regard to the extent of the injuries and the long-term prognosis.

It is important to make sure that the doctor who examines you in order to prepare a medical report is made aware of the full extent of your symptoms so that the proper value of the claim can be determined, particularly since under the Court Rules introduced in April 1999 his/her evidence is binding on both parties if they have agreed the use of that particular doctor.

Obviously, the matters dealt with above may answer only a few of the questions that you might have about the conduct of your claim. If you have any other questions, please do not hesitate to contact Ian Hass for further information.

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