Letter of Claim

Following an accident, you need to send a letter setting out the fact you are bringing a claim to the other side as an initial step and allow them a reasonable time to respond before going to court. It is the single most important step to take before going to Court and if you get it wrong it is likely to come back to haunt you again in the future.  The exact requirements of the letter are set out in the relevant practice direction or protocol, but the requirements can be summarised as follows:

• set out what you want and why you feel entitled to it.  The other side need enough information to be able to understand what you are claiming for to allow them to investigate the claim;
• attach copies of any essential documents you will rely on;
• give a deadline for them to (a) acknowledge the letter and then (b) provide a full response.  The timescales must be reasonable and may be set out in the practice direction or protocol;
• tell them what steps you will be taking if they do not respond (clue: you will be taking the matter to Court);
• ask for any essential documents that they have that you wish to see or that they will rely on against you;
• offer to discuss possible settlement should they agree that you have a claim, even if only in part; and
• refer them to the practice direction or protocol you are following so that they know and can apply the same.

Do not be surprised if they follow a different procedure.  Where you are injured and they are not then a different protocol applies to them which allows them to go to court more quickly.