What price is Justice for those injured in accidents?


This piece touches on the imminent changes to the Personal Injury claims process recommended by the Jackson Report.

The law is changing from April 2013.

The Portal

For almost three years now, road accident claims worth up to £10,000 have been processed via a portal on a secure internet website. The plan is that the upper limit for cases on the portal will increase to £25,000 and many more types of claim, such as for accidents at work, will also be dealt with in this way. These changes are likely to mean that the majority of cases will be progressed via the portal.

Referral Fees

You may have seen in the news that Referral Fees for Personal Injury claims are being outlawed. For many, it came as a surprise that they existed at all. What people may find equally concerning is the sums paid by their solicitors to a third party, who takes no part in the proceedings, for their accident details.

It is true to say that a change in the Introduction and Referral Code 1990 some years ago allowed the payment of referral fees for personal injury claims to be paid by solicitors to Claims Management Companies provided the company was registered with the Ministry of Justice.

We at Fraser Dawbarns have no ties and have never paid a referral fee for a personal injury claim.

There are a number of other changes planned which run to many pages in the Report.

Recovering Fees

The ability to recover all your fees under a No Win, No Fee (CFA) Agreement is also changing, as insurance premiums, designed to protect you against the other side’s costs, will not be paid by the Insurer any more. The Success Fee (a percentage of costs paid if you win) is also not going to be paid by the Insurers either. Both of these may come out of your damages.

Your Right

What is unchanged in the process is that the individual has the right to choose who represents him or her in their personal injury claim.

To guide you through the minefield of bringing a claim, you need an experienced, independent solicitor who will get the best possible settlement for you. You need Fraser Dawbarns.

Call us today on 01553 666600 or 01945 0461456 to arrange your free, no obligation, appointment to discuss how we can help with your claim.

by Neil John