Certification - Road Traffic Accidents
Under the Road Traffic Act 1988, the first doctor providing emergency treatment to the victim of a road traffic accident is generally entitled to charge a fee. A fee may be levied in respect of each person treated (Section 158(2) of the Road Traffic Act 1988). Mileage is also payable in excess of two miles.
Since 1999 the ability to levy a fee under S158 of the Road Traffic Act has been limited to claims by doctors not working in NHS hospitals, as the cost of hospital treatment is recovered from insurers directly by the NHS. The fee can be levied even if the person driving the vehicle at the time of the accident is on the GP's NHS list.
There has been some debate as to whether 'emergency treatment' only applies to treatment provided at the scene of the accident. S158(1) of the Act defines 'emergency treatment' as 'medical or surgical treatment or examination that is immediately required as a result of bodily injury (including fatal injury) caused by, or arising out of, the use of a motor vehicle on a road'.
The Road Traffic Act is silent as to what is immediately required. It is a common understanding that some injuries may not manifest until several hours after the accident and do not warrant a visit to a hospital accident and emergency department but do warrant the attention of the local primary health care team. Under such circumstances where a claim is to be made the BMA professional fees committee believes that the patient should be seen within one working day.
The BMA's legal advice is that, while treatment provided at the scene of the accident will be most common, treatment provided at the GP's surgery can be included in the definition of 'emergency treatment' and therefore attract a fee under the Road Traffic Act.
The person driving the vehicle at the time of the accident is responsible for meeting the doctor's professional fee for themselves, their passengers or anyone injured by their vehicle. All UK motor insurance policies cover such fees and payment of such fees does not constitute any admission of liability. Medical practitioners should take the following steps to recover their fees:
- an oral request should be made to the person who was using the vehicle at the time of the occurrence which led to the emergency treatment
or, if a verbal request is not made:
- a written request should be made to the person who was using the vehicle at the time of the occurrence which led to the emergency treatment. This request must be served upon that personwithin seven days from when emergency treatment was given. It must be signed by the claimant, stating his/her name and address, the circumstances in which emergency treatment was effected, and confirm that the claimant was the first person to render emergency assistance. The request may be served by delivering it to the person using the vehicle or by recorded delivery to the usual or last known address.
Doctor's experiencing difficulty in ascertaining the name and address of the person using the vehicle should contact the appropriate chief constable (in practice the 'dealing police officer', who is required by the Act (S156) to supply the doctor with any information identifying the vehicle involved in the accident and the name and address of the person using it.
The fees payable under the Act are recoverable by Court proceedings as if they were a simple contract of debt due from the person who was using the vehicle to the doctor rendering the service.
Effective date: 17 April 1995
Reference: Road Traffic Act 1988, Section 158; Road Traffic Accidents (Payments for Treatment) Order 1995
- Treatment - for each person treated = £21.30
- Mileage - rate per mile or part of a mile (over 2 miles) = £0.41
- Where the purpose for attending a GP surgery following an accident is to record injuries for future medico-legal purposes this is not covered by the Road Traffic Act and the doctor may charge at their own rate for this work.
- The provisions laid out in this schedule do not apply to doctors with a salaried NHS post.
- Members may obtain additional advice or clarification from a BMA adviser by calling 0300 123 123 3.