18.02.09: Article by Guy Platt-Higgins re : WHEN IS AN RTA NOT AN RTA..?

Since Part 45 CPR came into force, we have been involved in many a dispute with the insurance industry regarding whether or not a case falls into the RTA category as defined by Part 45.

 

We have no doubt that many Claimant firms are having similar experiences and because of the lack of exhaustive / appropriate case law on the point, often when faced with the financial risk of pursuing a potentially doomed point, a commercial view is taken and predictable costs are accepted.

 

We have had several cases which are very clearly not "RTA's" eg trapped finger in defective wheelchair on bus, ladder from roof of vehicle falling onto head of passenger, trip over disabled access ramp leading up to taxi...we could go on and cite several other cases which by any normal definition would not be an RTA but which are deemed so for the purposes of Part 45 CPR because of the very wide definition therein.

 

The latest development in this area is that accidents involving vehicles on land owned by an employer is an RTA but recently we have defeated this particular submission on the grounds that the locus was not a public road. Whilst the public do have access it is restricted to employees and lawful visitors and as such is not "public" for the purposes of Part 45. Our opponent insurer eventually admitted defeat on the point but not without disclosure of witness evidence pertaining to the nature of the locus.

 

In summary, insurers will try their level best to stand their ground with a view to avoiding having to pay full as opposed to fixed costs. We would recommend perseverance in such cases where you believe that Part 45 does not apply.

 

The case law is somewhat sparse on the point and most of the time, as Part 45 is designed to catch as many cases as possible, you are stuck with fixed fees, however, in cases which can climb outside of the Part 45 definition, you should never allow an insurer the standard Part 45 get out clause.