The Motor Accident Solicitors Society (MASS) has called for a specific road traffic accidents protocol as a means of avoiding litigation.
The announement comes as the industry gears up for the introduction of a fixed costs regime for road traffic accident cases. Following an agreement reached at the Civil Justice Council's cost forum last December, a sliding scale of fixed fees has been agreed for low value road traffic accident cases up to £10,000.
However MASS chairman Ian Shovlin called for a new protocol to bee introduced. He said: "Certain insurers will attempt to starve out claimants."
Shovlin added: "A well-informed protocol could avoid a potential flood of litigation. There is a growing body of specialist motor liability insurers and claimant solicitors that support the need for a specific road accident protocol. MASS strongly believes it is imperative that the predictable costs regime must work in conjunction with a more prescriptive pre-accident protocol than that which governs personal injury work at present.
"To avoid the scheme being retrospective, MASS submits that accidents arising on/after the date of inception of the new scheme will be the determining criterion as to when a claim is governed by predictable costs.
"Costs should also be recoverable under the same scale for motor claims when no personal injuries are involved but where other losses and expenses are between £5 000 and £10 000."