Government injury portal

rickyroma

Sorry if this is not the correct section for this, but it was the closest I could see! 
 I have relatively minor injuries after a traffic accident and I am thinking of using the government portal to claim compensation instead of using a solicitor. 
Is it just a case of going through the portal or do I still need "after the event" insurance (as I would need if I went through a solicitor)
 Any other points I need to be careful of using the portal? 

DullGreyGuy

There is no requirement to buy ATE insurance, and indeed you cannot as a private individual, but this means that if you were to litigate and lose you personally would be liable for the third party's costs (or if you fail to improve on a Part 36 offer etc).

As noted on the portal (https://www.claimsportal.org.uk/unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/) it isnt designed for self representation... you can claim directly from the third party insurer without attempting to use the portal.

rickyroma

DullGreyGuy said:

There is no requirement to buy ATE insurance, and indeed you cannot as a private individual, but this means that if you were to litigate and lose you personally would be liable for the third party's costs (or if you fail to improve on a Part 36 offer etc).

As noted on the portal (https://www.claimsportal.org.uk/unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/) it isnt designed for self representation... you can claim directly from the third party insurer without attempting to use the portal.

Thank you.. (the link doesn't work but I get the idea). I wasn't aware I couldn't take out my own ATE insurance. Obviously this would leave me open to the possibility of hefty bills, however slim the chances of this happening. If this is the case, why would anyone consider using the portal? 

DullGreyGuy

Shop around, you may find a small provider that'd entertain it, but certainly the larger players dont. Even a few middle level ones that dont explicitly state you cannot you need to attach counsels (aka barristers) opinion on the merits of the case. Be aware that some smaller providers also charge to quote (£250 in one case).

Individuals dont, hence why the portal even states its not intended for that. For the small number that want to manage their own PI claim they tend to deal with the third party insurer directly.

rickyroma

Sorry struggling to get my head around this. Reading the above comments... What exactly is the purpose of the portal if it isn't designed for self representation?  So I could start a claim on the portal and possibly end up with hefty 3rd party legal fees? 

user1977

rickyroma said:

DullGreyGuy said:

There is no requirement to buy ATE insurance, and indeed you cannot as a private individual, but this means that if you were to litigate and lose you personally would be liable for the third party's costs (or if you fail to improve on a Part 36 offer etc).

As noted on the portal (https://www.claimsportal.org.uk/unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/) it isnt designed for self representation... you can claim directly from the third party insurer without attempting to use the portal.

Thank you.. (the link doesn't work 

It does if you don't type a bracket immediately after the end of it:

https://www.claimsportal.org.uk/unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/what-are-my-options-as-a-unrepresented-claimant/

DullGreyGuy

rickyroma said:

Sorry struggling to get my head around this. Reading the above comments... What exactly is the purpose of the portal if it isn't designed for self representation?  So I could start a claim on the portal and possibly end up with hefty 3rd party legal fees? 

We may be talking at cross purposes... there is the MoJ portal thats been around for years which solicitors and insurers are required to use for all claims that fall within its scope for injuries up to £25,000. In theory an individual could use it but its not what its designed for.

There is now also the MIB's portal (https://www.officialinjuryclaim.org.uk/ ) which is designed for small track injuries (up to £5,000) and is for private individuals to use

The MIB portal is only designed for small track cases and as such you wouldnt get hefty third party legal fees, the only risk is that the court decided to allocate it to Fast Track rather than Small Track where mid sized legal fees kick in. 

rickyroma

The MIB portal is only designed for small track cases and as such you wouldnt get hefty third party legal fees, the only risk is that the court decided to allocate it to Fast Track rather than Small Track where mid sized legal fees kick in. 

Thank you.. Very helpful. Could you explain how this could happen please? 

DullGreyGuy

rickyroma said:

The MIB portal is only designed for small track cases and as such you wouldnt get hefty third party legal fees, the only risk is that the court decided to allocate it to Fast Track rather than Small Track where mid sized legal fees kick in. 

Thank you.. Very helpful. Could you explain how this could happen please? 

If a claim is litigated part of the process is known as allocation, a judge looks at the information submitted by both sides and decides which of the three tracks it fits in (small, fast or multi). This is predominately done by the value of the claim however if there are complicating factors the judge can appoint it to a higher track than its value would otherwise suggest. That said, judges are encouraged to put things into the lowest track possible.

I must admit I dont know if its happened or not yet but at some point a fully automated vehicle is going to cause someone injury and there will be an argument between if the owner was liable for not properly supervising it or the manufacturer is liable for its software/hardware failure etc. If it was a minor injury you could easily see that being pushed up above Small Track as it will be a complex set of legal arguments and whilst the initial court never sets a binding precedent it'd still be a case that would need the benefit of the higher track.

rickyroma

The portal seems to be working well for me. The other side have accepted 100% liability and I now need to arrange a medical but I'm stuck between 2 options to arrange this 

DME
Direct medical expert
Where I deal directly with an expert 

Or 
MRO
Medical reporting organisation
I gather this is a sort of 3rd party who have access to a number of experts and act as a link in case of issues. 

Any advice on which is best?  I have searched for info but as the portal is quite new there are not many opinions out there. I ask this as I have read that once I choose and continue, I can't go back to change it 

han_n2

rickyroma said:

The portal seems to be working well for me. The other side have accepted 100% liability and I now need to arrange a medical but I'm stuck between 2 options to arrange this 

DME
Direct medical expert
Where I deal directly with an expert 

Or 
MRO
Medical reporting organisation
I gather this is a sort of 3rd party who have access to a number of experts and act as a link in case of issues. 

Any advice on which is best?  I have searched for info but as the portal is quite new there are not many opinions out there. I ask this as I have read that once I choose and continue, I can't go back to change it 

Hi Ricky

do you mind to share what you have chosen ? Because i am stuck too and i dont know which one i will go for