RTA portal query

[MRS_P]

Hi.

 

I was involved in a car accident several months ago and decided to claim for car damage and personal injury as I had taken time off work.

 

After several months of constantly chasing my solicitors they have now advised that the other insurers have wrote to say they have not received the medical report and they would need to re send the report. The report was initially sent 4 months ago

 

Any solicitors on here? Can you advise what the process is of submitting medical reports, are they done electronically. It's taken 4 months for my solicitors to pick up on this.

 

Any advice on this would be great.

 

thanks

[ARoyle]

Hi.

 

 

 

I was involved in a car accident several months ago and decided to claim for car damage and personal injury as I had taken time off work.

 

 

 

After several months of constantly chasing my solicitors they have now advised that the other insurers have wrote to say they have not received the medical report and they would need to re send the report. The report was initially sent 4 months ago

 

 

 

Any solicitors on here? Can you advise what the process is of submitting medical reports, are they done electronically. It's taken 4 months for my solicitors to pick up on this.

 

 

 

Any advice on this would be great.

 

 

 

thanks

 

 

 

 

Hi, with the new RTA Portal system, the claim will be submitted then the other side insures have 15 days in which to respond on liability. Have they admitted liability in your case? If so, stage 2, would be that they submit your medical report, engineers report and any loss of earnings or special damages. From what I remember there is another 15 days (working) for them to respond.

 

However, if your claim fell out of the portal at stage 1, ie liability is denied or can't be agreed as more investigations are needed, it would fall back into the old regime known as "predictive". This would give the other side 3 months to carry out investigations and then they would have to revert on liability.

 

Everything is submitted electronically and they should have picked up on it after 3-4 weeks maximum if they had chases the the side when in the portal system.

 

But if it fell back into predictive, they will have been doing chasers but the chasers will have been "do you have a decision on liability yet?" then the 3 months would be up an other side have said they don't have relevant information. I'm assuming a part 36 offer was sent with the medical report? If so, they would only have 21 days to respond.

 

One of the problems is that the insurers are always in a massive backlog, can never help at the time and it's very frustrating for the solicitors acting on claimants whale as you do everything you can to get an answer but you just can't.

 

Hope this helps.

[MRS_P]

Hi

 

Thanks for this very informative post ARoyle.

 

My claim must have fallen out of the portal as liability was initially denied by insurer. I was hit by an overseas lorry driver contracting in the UK and his UK agency were having difficulty getting hold of the driver for circumstances. In any case liabilty was subsequently admitted by his insurers.

 

I went for a medical and this was sent to the 3rd party insurers. I am not sure what a part 36 offer is but my solicitors did write after obtaining the medical report to state due to the report we think an offer of £xxx should be put forward as an offer of settlement and sent this along with the report. I am assuming this is the part 36 offer you mentioned.

 

But my main issue here is that why after almost 5 months after obtaining my medical report have my solicitors come back to state 3rd party insurers did not recieve the report and they are sending again. When a claim drops out of the protal would the report be sent electronically or via post.

 

Is there anyway for me to obtain a copy of my file from the 3rd party to see exactly what is going on. I have tried to call them but they will not discuss anything with me and state I need to speak to my own solicitors.

 

Thanks

[Ganymede]

Is there anyway for me to obtain a copy of my file from the 3rd party to see exactly what is going on. I have tried to call them but they will not discuss anything with me and state I need to speak to my own solicitors.

 

 

 

They are right. Own your solicitors can tell you why.

[MRS_P]

They are right. Own your solicitors can tell you why.

 

Yeah but I have the feeling my solicitors are not being 100% truthfull. Wanted to audit them kinda thing without them knowing.

 

thanks

[Ganymede]

As you have legal representation the TPI will not be allowed to speak to you.

 

Also, could you clarify if the Defendant is a foreign registered vehicle? If so then the claim would not be issued through the MOJ portal.

 

In addition the investigation period would be 6 months and 21 days instead of 3 months and 21 days from submitting the claim.

 

As for the medical report, it doesn't matter and can be sent be fax, post or e-mail.

[MRS_P]

As you have legal representation the TPI will not be allowed to speak to you.

 

Also, could you clarify if the Defendant is a foreign registered vehicle? If so then the claim would not be issued through the MOJ portal.

 

In addition the investigation period would be 6 months and 21 days instead of 3 months and 21 days from submitting the claim.

 

As for the medical report, it doesn't matter and can be sent be fax, post or e-mail.

 

Liability is not an issue as 3rd party have paid out for vehicle damage. I understand now that medical report could have been sent via different means so that's fine. I get the feeling my solicitor is not being 100% truthful.

 

Will a Subject access request work if I send this to 3rd party insurers?

[Ganymede]

It might do but I don't understand why you don't just ask your solicitors for a full explanation?

 

It sounds like they have just sent the medical report and they forgotten about it/sat on it for a while.

[MRS_P]

It might do but I don't understand why you don't just ask your solicitors for a full explanation?

 

It sounds like they have just sent the medical report and they forgotten about it/sat on it for a while.

 

I think this is what has happened but they don't seem to admit it.

 

Ok now that they have re submitted the report along with a part 36 offer what options do I have if the other side do not respond within 21 days?

 

Thanks

[Ganymede]

The next step would be to issue Court proceedings.

[MRS_P]

Hi

 

Just to update the other side have finally made 2 offers £1350 and then £2000 for personal injury, they have not put an offer in for wages.

 

I asked my solicitors to reject both offers as I feel it is on the low side. They said I was given a 10 month prognosis and according to JSB guidelines the offer they put forward is about right.

 

I know not all cases are the same same but £2000 for 10months prognosis is this about right?

[Ganymede]

Hi

 

Just to update the other side have finally made 2 offers £1350 and then £2000 for personal injury, they have not put an offer in for wages.

 

I asked my solicitors to reject both offers as I feel it is on the low side. They said I was given a 10 month prognosis and according to JSB guidelines the offer they put forward is about right.

 

I know not all cases are the same same but £2000 for 10months prognosis is this about right?

 

 

 

Valuing injuries is not an exact science. The JSB says the following in relation to neck injuries:

© Minor

Minor soft tissue and whiplash injuries and the like where symptoms are moderate:

(ii) with a full recovery between a few weeks and a year. £875 to £2,850

 

Only you can decide if you want to follow your solicitors advice. If you have been advised that the offer of £2,000 is baout right then you would be at risk in relation to costs by rejecting it and then not beating their offer.

[MRS_P]

I've asked to settle. I asked my solicitors how long before I expect payment. I was told we should allow 6 weeks before I get paid.

 

Is this a reasonable time to wait for payment.

[Ganymede]

I've asked to settle. I asked my solicitors how long before I expect payment. I was told we should allow 6 weeks before I get paid.

 

Is this a reasonable time to wait for payment.

 

 

I would say normally 2 weeks ish for the cheque to arrive. 6 weeks seems a little long but not much you can do about it...