PIPD - Lecture 2 PDF

Lecture 2 - Pre-writ considerations - Property Damage? Personal Injury? Or both Pre-action protocols - Compliance with pre-action protocol is mandatory prior to commencing legal action in court - **[Objective]** of the Pre-Action Protocol - **[Applicabil...

Lecture 2 - Pre-writ considerations - Property Damage? Personal Injury? Or both Pre-action protocols - Compliance with pre-action protocol is mandatory prior to commencing legal action in court - **[Objective]** of the Pre-Action Protocol - **[Applicability]** of the Pre-Action Protocol - **[Notice]** of Accident and Pre-repair Survey (PRS) for NIMA claims - The first is of course **[Appendix B]**. which is known as the pre-action protocol for personal injury claims and non- injury motor claims. The second is **[Appendix D]**, which is the benchmark rates for costs of rental and loss of use. Appendix D is a pre-action protocol that is relevant for what we call a NEMA claim, and it contains a table of benchmark rates that the court will refer to in assessing a suitable multiplier for a claim for loss of use when the vehicle is being repaired or when the vehicle cannot be used again. Non- Injury Motor Accident **[(NIMA)]** Claims - **[ Letter of Claim]** 1. 2. 3. 4. 5. - Documents - Potential **[Defendant's response]** - Nomination of **[Joint expert]** - **[Negotiation]** and 10 day's Notice Lodgement of claims below \$3,000 with **[FIDReC (paragraph 17.1 of Appendix B)]** - **[FIDRAC NEMA Scheme]** - **[ Exceptions]** - **[Sanctions]** for non-compliance - paragraph 18, paragraph 19, and even paragraph 17 on the FIEDEC procedures?? 17\. Lodgement of claims below \$3,000 with FIDReC - 18\. Exceptions to FIDReC proceedings - 19\. Costs sanctions for non-compliance with requirement to lodge the claim/continue with proceedings at FIDReC - Multiple collisions - Then how do you **[split the cost?]** - Limitation Periods - So you need to bear in mind that if you are representing a mixed claim or claimant with a mixed claim, 33:18 Make sure that you found the read within the 3 year time band (?) - One Cause of Action - Ng Koon Choon v Tang Wee Goh \[2016\] 3 SLR 935