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| Do I need the Accident Shop? |
| You could deal with your compensation claim yourself. However you will almost certainly find yourself against an insurance company loss adjuster or possibly the insurers Solicitors. They will have substantial experience in dealing with claims and it is obviously in the insurers interest to avoid having to pay out if possible and certainly to try and pay out as little as possible if they do have to meet a claim. This is a complex area of the law which is rapidly changing and we would strongly recommend that in order to maximise your chances of succeeding and recovering as much compensation as possible as quickly as you can you should instruct The Accident Shop who specialise in this area of work. |
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| Are there time limits for bringing a claim? |
| Usually, claims for compensation for personal injuries must be brought within 3 years of the date of the accident. Different rules can apply in certain particular circumstances such as in clinical negligence cases where the period of 3 years may run from a date later than the date of the injury. This is a complicated area and we can discuss it with you. In the case of children however any claim must be brought by their 21st birthday. "Bringing a claim" means issuing court proceedings. In some specialised circumstances different periods apply and it is important that you talk to us as soon as possible to ensure that you will not be out of time for bringing a claim. |
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| I do not live or work close to The Accident Shop. Is this a problem? |
| Many of our clients live locally. However we have many clients who live much further afield, around the country and abroad. By using modern technology we are able to conduct cases efficiently wherever our clients live. The distance you are from us should not be a problem but if you are concerned about this please discuss it with us. |
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| Can I settle without having to go to Court? |
| Most certainly. We encourage our clients to settle their claims if at all possible without going to Court. One of the over riding objectives of the Civil Procedure reforms was to encourage parties to settle claims and only resort to issuing proceedings in Court as a last option. Settling disputes without having to go to Court can often save clients a lot of money and, of course stress. However we would only advise clients to settle without going to Court if the settlement terms were reasonable and in our clients best interests. Some times if the client has a strong case it is necessary to take the matter to Court for the client to achieve justice and the proper amount of compensation to which he or she is entitled to. |
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| What can I claim for? |
| You can claim compensation (or general damages) for pain, suffering and loss of amenity caused as a result of the accident. You can claim a variety of out of pocket expenses and losses both past and future if they are reasonable and arise as a direct result of your accident. This may include travel expenses, prescription charges, loss of earnings, care fees, additional accommodation costs, cost of equipment and appliances, private medical fees and a loss of pension. You can also claim compensation for being disadvantaged on the labour market or for not being able to carry on with a particular job or employment in appropriate cases. |
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| Who do I make my claim against? |
This is often a fairly easy question to answer, depending upon the circumstances of the accident. The claim may be against another driver, an employer, a local authority or council or the owner of a shop. Sometimes enquiries have to be made about who precisely is responsible and we can advise you on this.
There are circumstances where it is not immediately obvious that you may be able to bring a claim. For example if you are injured in a road accident and the other driver is not identified or cannot be found. You may be able to bring a claim against the Motor Insurers Bureau. In a case where you have suffered injury as a result of a criminal offence, if this was a significant injury reported to the Police you may be able to make a claim for compensation under a Government Scheme.
One further point. You should remember that in the vast majority of cases people are insured. Your compensation will be paid by an insurance company not by the other party involved, directly. You should therefore be able to pursue a claim even if you know the other party involved or they are related to you, provided they are insured. We can obviously discuss this with you. |
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| What about legal costs? |
Research shows that there are thousands of people a year who are entitled to bring valid claims for compensation following accidents but they do not do so. Many of them are worried about the costs. We believe that everything possible should be done to ensure that clients are not put off pursuing valid claims simply because they are concerned about legal fees.
Legal Aid is no longer available to pursue the vase majority of compensation claims although it may be available, subject to means assessment, to bring a claim for clinical negligence.
Many people now have legal expenses insurance as an addition to a car insurance or home buildings or contents insurance policy. It is important that you check any policies of insurance to see if you have cover. We usually advise that we look at any policy documents for you and advise you accordingly. If you believe you have cover let us know and we will make contact with your insurance company for you after we have looked at the documents and try and obtain approval to deal with your claim under the terms of the insurance policy. |
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| What if I was partly to blame? |
| If you think you are partly to blame for the accident we will discuss this with you. This should not however mean that you shouldn't bring a claim for compensation. If it is agreed that you are partly to blame your compensation may be reduced accordingly. The law is complex and we can advise you fully about it. We deal with many cases where our clients were to blame to some extent. Many of them nevertheless result in substantial compensation being recovered. |
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| What do I have to do to win my claim? |
In the majority of cases you need to prove that another party has been negligent, or was at fault. This is not necessary in respect of some claims such as those based upon produce liability however. You will have to prove that you have suffered injury, loss or damage and that there was a link between the breach of duty and the loss that you have suffered. It can sometimes sound complicated but in the majority of cases things are quite straight forward.
You then need to gather together all the evidence including documentary evidence and expert evidence in support of your claim to enable it to be valued properly and put to the other side. The majority of valid claims settle without proceedings having to be issued. Where proceedings do have to be started in Court many more settle before any Court hearing is necessary. You should not be put off bringing a claim because you are worried about having to go to Court at some point. In most cases it is unlikely that you will have to. If you do we will look after you and take the worry out of having to go to Court for you. |
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| What is no win no fee? |
These agreements are also known as "Conditional Fee" agreements. Put simply, if your case has a reasonable prospect of success we may well be willing to take it on a no win no fee basis. Such an arrangement does not mean that we take a percentage of your compensation as payment but we would charge a success fee, which is payable by the other side. We have been running cases on a no win no fee basis for a number of years very successfully. We will obviously discuss such an arrangement with you.
You may be a member of a trades union or someone else may be willing to fund the bringing of a claim for you. You should always raise such possible arrangements with us and we can discuss them fully with you and advise you on the best course of action.
Most importantly, remember that we will always try and find a way for you to proceed with your claim and take the worry out of funding it. |
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| How long will it take? |
| This is a very difficult question to answer and this is not intended to be typical lawyer's answer! Every case is different. There are many different types of claim. Most cases settle without having to go to Court. In respect of those cases where proceedings do have to be issued, most settle without having to go to a hearing. Obviously if an insurer argues about liability or about the level of compensation that is due to you, or if you have to undergo lengthy treatment and a lot of enquiries have to be made in connection with the claim, it is going to take longer. We believe it is important to press on with claims as quickly as possible but we will always discuss with you and give you the best advice we can about the timescales involved. |
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| What do I do now? |
Contact us!
It is very important to get advice as early as possible. If you have a claim which should be pursued we will advise you. It is important to gather as much evidence early on in the case. Everything you know about your accident and the claim should be put into a statement. A note of your out of pocket expenses and losses should be made and kept up to date. You should obtain and keep receipts. Photographs should be taken where ever possible. A diary of recovery from injuries can be very useful.
We can advise you about all of these things. A detailed letter of claim should be written to the responsible party as quickly as possible.
You can contact us in any of the following ways:-
Complete and submit to us the on-line enquiry form.
Telephone us on 0800 652 2204 (our freephone number) and ask to speak to Richard Gregory or Rachel Barr.
Make an appointment to come in and see us at The Accident Shop or ask us to come and see you (no charge) at home, in hospital or wherever is convenient.
Our initial advice is always free. If you ask us to take your case on a no win no fee basis and we agree we will enter into an agreement as quickly as possible. In those circumstances you will keep all of your compensation if you win and pay nothing if you lose. |
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FAQs
Do I need the Accident Shop?
Are there time limits for bringing a claim?
I do not live or work close to The Accident Shop. Is this a problem?
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