CARS  CHANGES, 2006

In anticipation of the new regime coming into effect I strongly advise that from now on all Applications for CARS' assessments should, if possible, contain all documents to be relied on, including signed statements from the claimant and carers, an assessment of damages and submissions in relation to each head of damage. Significant changes will apply to all applications for CARS assessment filed from the 1st May 2006 and for all matters currently at CARS on or after the 1st May 2006, that have not been determined.The main changes will be: 

1. What normally has to be provided to the CARS assessor and the other side prior to an assessment conference will now have to be part of the application for a CARS assessment i.e. submissions and signed statements.    
   
2. No documents will be allowed to be added after the Application is filed, without consent i.e. all material must be provided to CARS, up front.
   

Additional powers for the assessor  

1. A CARS assessor has the power to dismiss a claim for non-compliance with directions.   
   
2. A CARS assessor can also dismiss a claim if the applicant withdraws the application and/or if it appears that the claimant is not pursuing or prosecuting the claim.
3. A CARS assessor can request a party to produce documents and to furnish information.
4. A CARS assessor can, with the consent of both parties, provide reasons orally followed by a certificate and an outline of reasons.
5. Obvious errors can be rectified by giving notice within 21 days to the PCA.
6. A CARS assessor can advise the PCA that, in his/her view, the matter is not suitable for assessment and ought to be exempted.
7. A CARS assessor can do so on his/her own motion or on application by one or both parties.
8. If a CARS assessor determines that a matter is unsuitable for assessment the file is to be returned to the PCA with a brief statement of reasons.
9. If the PCA agrees, she will provide the parties with a Certificate of Exemption.
10. If the PCA disagrees, she will allocate the matter to another assessor.

Assessment Conference

1. The parties, at the preliminary conference, are to advise the assessor:  The names of the lawyers representing the parties at the assessment conference.
2. Whether an interpreter is required and in what language.
3. The names of any persons the party wishes the assessor to question. 

The assessor will determine the manner in which the evidence is to be presented but will give each party the opportunity to address the assessor on any matter in dispute and to put to the assessor any questions that they want the assess or to ask or areas they want the assessor to explore.
The assessor will do the examination-in-chief, and the assessor will direct what questions the lawyers for the parties can ask.
The assessor, on request, will allow the representatives of the parties to question a witness or a party, subject to any limitations the assessor determines.
The assessor will not be bound by the rules of evidence and he/she is to act with as little formality as the circumstances permit.

DISCLAIMER

These personal injury law articles were published with the express permission of Stacks/The Law Firm. Please note that the information was correct at the time of publication, but personal injury law is subject to legislation changes from time to time and thus it is recommended that you contact a Stacks/Goudkamp lawyer should you have any questions relating to any of the topics above.