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15 August 2012 / David Locke
Issue: 7527 / Categories: Opinion , Personal injury
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Changing lanes

David Locke reports from the client’s side of the road

My personal practice never encompassed the litigation of low-value road traffic accident (RTA) claims. When contemplating my own claim following a recent, minor, road traffic collision, all the tired clichés of greedy claimant lawyers and intransigent insurers sprang readily to mind.

I embarked upon the claim for financial restitution, but with the adjunct benefit of experiencing at first hand the litigation processes which have been so heavily criticised.

In search of the clichés

The accident occurred mid-afternoon, just before a bank holiday weekend. The other driver, although uninjured, had not a leg to stand on with regard to the crash. An unsafe manoeuvre led to an unavoidable collision. The police were notified, details were exchanged and damaged cars were cautiously driven away.

A few hours later, after minor medical treatment, the incident was reported to the insurers. We were immediately warned that the other drivers’ insurers may ask us to deal with them directly, but that to do so might invalidate our insurance.

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NEWS

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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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