Legal Case Studies
MOJ & RTA CLAIMS PROCESS - STAGE 1
Claims Notification Form
- Claimant will collate all initial information required for the completion of the claims notification form (‘CNF’) and send it electronically to the defendant.
- The CNF is also sent to defendant personally by first class post as soon as practically possible.
- Vehicle related damages will be ordinarily dealt with outside of the Process through industry agreements but will need to be introduced at the end of Stage 2 if not settled beforehand.
- A claimant in person can utilise this process but the defendant must notify the claimant of his rights to independent legal representation.
Defendant Response
Parties should consider the rehabilitation code at all stages of the claim.
The claim may be ejected from the process if the CNF is completed incorrectly; costs sanctions in relation to conduct are in place.
Defendant must acknowledge receipt of the CNF within one business day.
Response must be completed and returned within 15 business days.
Insurer must apply for certificate of recoverable benefits before the end of Stage 1.
Defendant Response Options
- Insurer makes admission of liability
- Insurer makes admission of liability/alleges contrib. for seatbelt
- Insurer makes admission of liability/alleges contrib. generally
- Insurer does not admit/denies liability
- Insurer does not return CNF response on time
- Insurer alleges inadequate mandatory information on CNF
- Insurer considers that the small claims track is appropriate
Defendant Response Requirements
Brief details of why liability is not admitted are required and where claim exits the process:
- the CNF may be used as a letter of claim,
- unless it is ejected for inadequate information.
The costs payable in relation to Stage 1 of the process are:
- £200 plus VAT and s/fee (fixed at 12.5%) if there is a pre-commencement CFA in place (£400 for cases prior to 1 April 2013)
- unless the claimant is a child.
The claimant must receive monies within 10 days otherwise the claimant may elect to remove the claim from the process.
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