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Trouble with the RTA
All About Law. | 20.04.2010The new RTA process is fast approaching and the uncertainty surrounding it is massive. There seems to be a perception that interim payments in relation to special damages, such as hire and repair, won't be allowed under the process.
This is utter rubbish and indeed if an interim over £1000 is requested then the insurer will have 15 working days to consider it. Otherwise the solicitor can then give 10 working days notice that the claim will now be out of the new process.
However, this does not apply to credit hire/repair as this is envisioned to still be dealt with outside the process and only joined in if the claim needs to be issued on. Therefore, if you have special damages that the claimant has paid for then do not be slow in asking for an interim as this is firstly best for your client and secondly could get the claim out of the new process and thus increase costs.
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