Had an car accident?
Not your fault?

Claim for Car Accident

Everyone knows what a car accident is, but it’s not until you are actually involved in one that you realise how serious an accident can actually be. Accidents are generally caused by driver error, speed, recklessness, bad weather conditions or intoxication – or a combination of several factors. There are other occasions where the accident doesn’t involve a second driver, often caused by colliding with a wild animal, stationary object like a railing or wall, or a pothole.

Figures show that serious accidents are less commonplace than they were a decade or more ago, mostly due to increased safety features being built into cars. But around 25,000 road users in the UK are seriously injured in road accidents every year. If you have been injured in a road accident which was not your fault, use the Check Mot panel of solicitors to get the compensation you deserve.

Personal Injury Claims

Your standard car insurance policy will take care of repairing the damage to your car or property, and if there is another driver involved in the collision and it’s ruled to be their fault, then their insurance company will pick up the tab. Personal injury claims are a different matter, and if you have been injured in an accident which was not your fault, then a compensation claim can meet the cost of putting you back in the same position as before you were injured. This could include adapting your house or car if necessary, paying physiotherapy bills, or covering your income if you are unable to work.

Finding out whether your circumstances might indicate that you are entitled to make a personal injury claim is very straightforward. Just pick up the phone and give us a call, or contact us by email and we can match you with the perfect solicitor to take your case forward.

Most Common Claims for Car Accident

If you have suffered losses in a car accident which was not your fault, then there is a range of different options for claiming. Your solicitor will be able to talk you through the options and let you know what applies in your case. The most common categories of claim are:

• Personal Injury – this claim will be based on your injury and how that injury will affect you going forward. Claims are valued based on a report from an independent expert. You might be able to claim for both physical and psychological injury.
• Medical treatment – claims can be entered for seeing a specialist, physiotherapist or other medical practitioner as recommended by your doctor.
• Financial losses – depending in the circumstances, you might be able to claim the difference between the amount insurance will pay out and the cost of getting a similar car. You will probably need a report from an independent engineer if you are considering getting the vehicle repaired.
• Earnings – if your accident means you are unable to work, and your employer will not pay you while you are off, you can claim loss of earnings from the other party. In order to make a claim you will be asked to provide 12 weeks of payslips to prove your earnings, and also be able to show that your earnings dropped while you were off work. If your injuries were severe, and could mean you won’t be able to work again, future earnings can also be claimed for.
• Hire Car – you should be able to claim the costs of hiring an equivalent vehicle if the one you were driving is off the road. Usually this can be arranged without any requirement for up-front payment. Alternatively, you might choose to claim for “loss of use” for the period when your car is off the road.
• Recovery – if you can’t drive your car from scene of the accident, then a recovery truck will be needed to get your car to the garage. These costs can also be reclaimed.
• Storage – if your vehicle needs to be stored somewhere securely while the insurance company is considering what to do with it, then you can claim a daily rate to do so.
• Care – if you require help with, for example, cooking or personal care as you recover from a car accident, you can claim compensation to cover the costs of getting people help. In some situations, you may also be able to claim for support given by friends and family, although they will have to provide proof of the expenses they have incurred.
• Minor Expenses – you might also be able to claim for expenses such as fuel in the tank at the time of the accident, or travel expenses connected with attending hospital or GP appointments.
• Damage to personal items – if your mobile phone, car seats or other items were damaged in the accident, you should be able to put in a claim to have those repaired or replaced too. You will be expected to show receipts, and photographs of the damage.

There are other items which you might be able to claim for too – this isn’t a comprehensive list. Every accident and set of circumstances is different, which is why it’s so important to get legal advice on what does and does not apply in your case.

Not all injuries will automatically qualify for a compensation claim, and merely suffering a loss or an injury isn’t automatic grounds for a claim. In order to claim, you must show that your injury is caused solely by the accident, and that you have suffered financially as a consequence of the accident. You must also be able to prove that the expenses you have incurred are reasonable. Always keep hold of all receipts.

No Win No Fee Car Accident Solicitors

Most compensation claims after a car accident are taken on a no win, no fee basis. This is a way of minimising the risk of making a claim, and means you won’t pay any legal fees if your claim is not successful. No win, no fee is most commonly used for people who have suffered financial losses or medical issues after their accident, or who have ongoing issues with psychological trauma. Usually, it is recommended that you take out insurance to cover the risk of losing your case, which makes any no win, no fee claim as risk-free as it can be.

What is No Win, No Fee?

The basic premise of a no win, no fee agreement is that you will not have to pay any money up front to make your claim. We will match you with a no win, no fee lawyer who is specialised in claims just like yours, and they will evaluate your claim. If they do think that your claim is likely to succeed, then their fee will be deducted from any compensation you are awarded. If you take out the recommended insurance, then there will be nothing to pay if your case fails.

If you do win your claim, the level of fees you will pay your legal team will be composed of a success fee for winning the case for you and legal fees. Usually, the legal fees are paid by the losing side, but if they level they are asked to pay is not enough to meet the whole bill, this may also be deducted from any compensation you are awarded.

You will get all of the rest of your compensation, and the contract which you sign when agreeing that a firm will represent you will lay out all the fees and deductions clearly. You should not be asked to pay any money up front.

No Win No Fee – Not Just for Car Accidents

Although the main class of claims which are processed using a no win no fee agreement is car accident related, this isn’t the only type of claim which can processed. Claims which related to car accidents are usually classed on a scale ranging from slight to fatal. The more serious the accident, the larger the sums of money involved. Other sorts of claims which can be taken forward using no win, no fee are:

• Work Injuries – Every year in the UK there are over 650,000 workplace accidents which are mainly caused by falling, slipping, incidents with moving pieces of machinery or manual handling. If your employer has been negligent, then there might be a case for getting compensation from your employer.
• Public Injuries – this category of injury involves someone being injured when they hurt themselves in public areas, and it can be shown that organisations such as councils, local authorities or other landlords have been negligent in not maintaining the land properly. These sorts of injuries include everything from grazes or cuts through to serious head injuries.
• Other Claims – there are many other sorts of claims which might be appropriate for a no win, no fee claim but this will have to be discussed with our specialist team of expert solicitors.

The No Win, No Fee Claims Process

The main benefit of the no win, no fee claims process is that someone else handles the claim from start to finish. The system has been developed to make it as streamlined as possible for the claimant, and minimise hassle at a time of obvious stress. If you think you might have had an accident, whether in the car or elsewhere, which could tick the boxes for a no win, no fee claim, then the first thing to do is pick up the phone and give us a call. All you’ll need to do is give us a few basic details about what happened and how the accident has caused you a loss. If we think you have a claim, then the legal process will start with telling the other side what is happening, and getting independent experts to start to collect evidence. Negotiations continue through the whole process, and most claims of this sort are settled without the need to go to court and tell your story in front of the judge. Once the case has been concluded, the other side will make the compensation payment, fees will be deducted, and you’ll receive the rest straight into your bank account.

Levels of Compensation for a Car Accident Claim

This is a bit of a “how long is a piece of string” question as every claim is different. There are lots of different factors which will affect the level of money which you might receive. Car accidents resulting in more serious injury, or which require you to take a lot of time off work will usually attract a higher level of compensation than less serious injuries. If you require adaptations to be made to your home, or extensive physiotherapy, then this will boost the levels of compensation too.

It's not your job to worry about how much money you can expect to get though. An experienced personal injury solicitor should be able to give a ballpark figure at an initial meeting, and then refine their estimates as the evidence comes in. It is their job to get you the highest level of compensation possible.

Time Limits for Claims for Car Accidents

If you think that you may have a claim for an injury you have sustained, then don’t delay in making the claim. The law puts a time limit on starting the claims process at three years from the day of the crash. The only exception to this is when the accident involves a young person under the age or 18. A parent can claim on their behalf, or if they choose to make their own claim, legal proceedings have to be started before their 21^st birthday.

There are some exceptional circumstances where these limits are longer, but these don’t apply to the majority of cases. If toy think you may have a claim for accident compensation then the best advice is not to delay in making a claim. Give our experts a ring right away and we can start the ball rolling to get you the car accident compensation which you deserve.