Important Points Of The Pre-Action Protocol That Must Be Adhered In Whiplash Claims
- February 16th, 2010
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To begin with the liability must be clearly accepted by the insurance company within four months of the claimant’s letters of claim receipt; this will include the twenty one days of initial contact process. In case the liability is not accepted, the insurer must produce witness evidence to support their denial action. In most cases, with the exception of occasions where the insurer has enough prove that the action in question did not cause the whiplash injury, they will accept the liability to eliminate the court expenses and request for negotiations on the whiplash compensation.

In both situations; insurer accepting or denying the liability for the whiplash injury, the will come up with a mutual agreement on certain relevant issues as which experts to use in evaluation of the case; as medical personnel to examine the claimant, accident experts to determine who takes liability or who to arbitrate between the few unsettle issues.
If the insurer accepts the liability the case is simplified and both parties can settle according to what is called the ‘part 36 offers’.
Settling out of court is very beneficial to both parties for their time and money is saved. But still there items that will need to be agreed on as the amount, mode of payment and the schedule of payment Both sides can make offers to settle known as “Part 36 offers”. This form of offer can be a very useful tool for both sides.
In majority of case all costs incurred in a claim are repaid by the insurance company as long as they accept liability and are fully committed in principle to pay the whiplash claim; this includes the claimants legal fee and other out of pocket expenses.
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