Medical treatment

This guide will cover the issues of past costs and future anticipated treatment.

You do not have to pay for your NHS treatment.  However, the cost is recoverable from the third party insurer if you successfully claim for damages following your accident.  The liability arises under section 157 of the Road Traffic Accident Act 1988.

Previously the amount that had to be paid was limited to £2,949 for each person treated as an in-patient and £295 for each person treated as an out-patient.  The administrative complexity of the claim linked to the low amount of recovery meant that claims were rarely brought.

From 5 April 1999 The Road Traffic (NHS Charges) Act 1999 has meant recovery of the sums due is dealt with by the Compensation Recovery Unit as part of the overall monies they recover.  The amount payable is:

£295 for an out-patient and £435 per day for an in-patient with a maximum limit of £3,000 for accidents occurring before 2 July 1997; and

£354 for an out-patient and £435 per day for an in-patient with a maximum limit of £10,000 for accidents occurring on or after 2 July 1997.

Where you pay for treatment privately then, as long as you can prove that it was reasonably required as a result of injuries sustained in your accident, you are entitled to recover the cost from the other side.  Where you only recover a percentage of your damages on the basis that you were contributorily negligent then the other side only has to pay the relevant percentage of the amount you paid.

If you received treatment under a medical insurance policy then you will normally be required to recover the cost from the other side as part of the terms of the policy.

You are also entitled to recover the cost of future treatment as part of your damages claim.  However, the other side are likely to argue that you will not seek private treatment and will obtain the treatment on the NHS for free, so they should not have to pay for it.  Where they are held fully responsible for the accident this argument is unlikely to hold much weight.  However, the greater responsibility you have for the accident the better an argument they will have.  A lot will turn on whether the judge on the day believes you would choose to have the treatment done privately or on the NHS.