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Responding to RTA Additional Damages

Additional Damages only applies to RTA claims. 

This function is available upon receipt of a Stage 2 Settlement pack with Additional Damages.  The claim will be in the Application Status of Stage 2 Settlement pack Additional Damages decision.

The claim will have reached this stage in two ways:

  • Agreement has not been reached on a claim (both adult and child claims), but before proceedings to Court proceedings pack, the Claimant Representative has added Additional damages to the claim.
  • Agreement has been reached on a child claim (the claimant is under 18 years at the time of the agreement) and additional damages exist.

In order to complete a response, the user should perform the following steps:

  • Open the claim
  • You can either Agree with the offer or choose to send a counter offer by selecting one of the following Additional Damages Decisions: ‘Agree’ / ‘Counter Offer’
  • ‘Agree’ will automatically populate the defendant’s response with the same values as the Claimant Representative’s latest claim. The fields will be protected from input.
  • ‘Counter offer’ opens up the defendant’s response fields.  Change the details (current defendant response) for each loss type, calculate the total values and loss amounts using the ‘Calculate’ button and click the ‘Continue’ button on the Current claimant offer and defendant response tab.
  • Note that you can submit counter offers on any other losses that have not yet been agreed.
  • On the Claimant and Defendant Responses to replies tab, add any comments and then complete the offer details.  Calculate the values by using the ‘Calculate’ button and click the ‘Send’ button.

Stage 2 Settlement Pack Additional Damages Decision Timeout

  • You have not responded to your Stage 2 Settlement pack with Additional damages according to the time limits defined in the protocol.  Once the Claimant Representative has access the claim, it will proceed to the Stage 2 Settlement Pack No Damages Agreed (CR) or to the Stage 2 Settlement Pack Additional Damages Not Agreed (CR) depending on whether the original damages have been agreed or not.

Outcome from Additional damages process (RTA only)

The outcome from the Additional damages process can be one of the following:

Stage 2 Settlement Pack Additional Damages decision (CR)

  • You have responded to the Stage 2 Settlement pack with Additional damages with a counter offer. The Claimant Representative needs to decide whether to accept or not.

Stage 2 Settlement Pack All Damages Agreed:

  • You need to access the claim and press Continue as acknowledgement. For an adult claim, it will now end.  If the claimant is under 18 years at the time of agreement, the claim will return to the Claimant Representative to complete the Court proceedings pack.

Stage 2 Settlement Pack All Damages Agreed (CR)

  • You have agreed to the latest claim (Settlement pack with additional damages).  Once the Claimant representative has acknowledged the claim, it will end in the portal unless the claimant is under 18 years at the time of agreement, when the claim will continue to Court Proceedings pack.

Stage 2 Settlement Pack Additional Damages Not Agreed

  • You have responded to the Stage 2 Settlement Pack with Additional damages. The original damages had been agreed and the additional damages had not been agreed. The Claimant representative has acknowledged the decision. 
  • You need to access the claim and press ‘Continue’ as acknowledgement. The claim will now end as Additional damages can be pursued elsewhere unless the claimant is under 18 years at the time of the agreement, when the claim will continue to the Court Proceedings pack.

Stage 2 Settlement Pack Additional Damages Not Agreed (CR)

  • You have not responded to the Stage 2 Settlement Pack with Additional damages.  The original damages had already been agreed. The Claimant Representative has acknowledged the timeout. The claim will end in the portal as Additional damages can be pursued elsewhere, unless the claimant is under 18 years at the time of agreement, when the claim will continue to the Court Proceedings pack.

Stage 2 Settlement Pack Original Damages Not Agreed

  • You have responded to the Stage 2 Settlement Pack with Additional damages. The original damages had not been agreed and the additional damages had been agreed. 
  • You need to access the claim and press ‘Continue’ as an acknowledgement. The claim will return to the Claimant Representative to complete the Court proceedings pack.

Stage 2 Settlement Pack No Damages Agreed

  • Agreement has not been reached regarding the original damages. Additional damages have not been agreed.  The claim has returned to the Claimant Representative to complete the Court proceedings pack.

Stage 2 Settlement Pack No Damages Agreed (CR)

  • You have not responded to the Stage 2 Settlement Pack with Additional damages.  The original and additional damages have not been agreed.  The Claimant Representative has acknowledged the timeout. The claim will move to Court Proceedings pack form.
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