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Claim Guide

Your guide to making a personal injury claim

If you are ever involved in a Road Traffic Accident, you should gather as much information from the other party as possible and inform your insurance provider as soon as practically possible. If you are not considered to be at fault then the other (third) party is responsible for any cost you may incur.

It is also useful to know what steps to take to maximise your chances of a successful claim. We suggest you use the following guidelines to make sure that you are in the best position to make a claim:

INFORMATION TO RECALL FOLLOWING THE ACCIDENT

  • Information relating to the circumstances of the accident, including sketches
  • Estimation of the speed of the vehicles
  • The type of road the accident occurred on
  • Try to describe the scene of the accident, including any road markings, traffic lights, signs, obstructions or recognisable buildings
  • Return to the accident scene to take photographs of the accident location and also of your injuries and damage to your car
  • Any information taken from witnesses following the accident
  • Keep a diary of events following the accident, including visits for medical care
  • Keep receipts for all of your ‘out-of-pocket’ expenses that you have incurred as a result of the accident e.g. painkillers, prescription charges, travel expenses
  • Details of any loss of earnings where you have had to take time off to recuperate and the cost of any recommended treatment such as physiotherapy
  • Keep all correspondence relating to the accident and ensure that you forward copies promptly onto your solicitor

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INFORMATION TO COLLECT AT THE TIME OF THE ACCIDENT

  • The time and date the car accident took place
  • Details of the cars, including make, model, registration number, colour, and the number of passengers
  • The insurance details of the car driver
  • The name and detailed description of the driver and basic description of passengers
  • Contact details of all the drivers, any passengers and/or pedestrians involved
  • Detailed of any independent witnesses
  • The weather, visibility and lighting conditions at the time of the accident
  • Description of the damage sustained by each vehicle including photographs
  • Any injuries caused as a result of the accident
  • Photographs of the scene of the accident
  • Street name(s) of the accident location
  • Name and the station details of any police officer attending the scene of the accident

Often the assignment of fault may not be straightforward that is why is it important to allow experts to deal with these matters. Even if you believe you may have partially been at fault for the accident, you can still claim for compensation. The more evidence you can produce in support of your claim, especially in relation to liability and the value of your claim, the more likely you are to succeed in recovering the maximum amount of compensation for your injuries and losses.

We are here to help you throughout the process and welcome any questions you may have in relation to your claim.

Get in touch with us today via our Online Enquiry Form for a no-obligation discussion about how we can help you

CLAIM HANDLING

Once you have completed your Client Care Pack, please return everything to us as soon as possible.

Simple Steps to Claim

  1. Simply provide us with basic details of your road traffic accident claim via our Online Enquiry Form.
  2. We will immediately give you an honest assessment of your case and advise you.
  3. Your accident claim is dealt with on a no win, no fee basis.
  4. We negotiate the maximum level of compensation on your behalf.
  5. You will receive your accident compensation.

Whatever the next steps are, your lawyer will keep you advised every step of the way. You can always call or e-mail your lawyer to request advice or a call back or, if it is a general query or you just require an update on the next steps, our team is always happy to help.

HOW LONG DOES THE CLAIM PROCESS TAKE?

It is impossible to give an accurate time estimate as each case is different. There are two factors which will affect the length of time the case will take:

  1. Whether liability is disputed
  2. The severity of your injuries

It will not be possible to conclude your case until the Defendant accepts or is found responsible for causing your injury.

NO WIN NO FEE?

We are aware that the idea of making a claim can be a daunting experience. We are here to help you through the process and explain how the claims process works, from start to finish.

Contacting us for initial advice about your claim will cost you nothing. If we advise you to pursue a claim, we will review with you all the options for funding your claim, including ‘No Win No Fee’ which is usually the most popular option. We will advise you clearly and impartially on the best options to fund your claim without any cost to you.

A ‘No Win No Fee’ agreement, which can also be known as a conditional fee agreement (CFA), gives you security and peace of mind when making a personal injury claim. We will assess the likelihood of your claim being successful and decide if we are able to offer you a no win no fee agreement.

If you do decide to accept the offer, we will deal with your claim on the basis that if the claim is unsuccessful we will not be paid and any adverse costs of the other party will not usually be payable as long as your claim is not found to be frivolous, vexatious or fraudulent or where you fail to accept (against our advice) a reasonable offer of settlement made by the Defendant. These costs, however, may be covered by any legal expenses cover you may have under your home or motor policy or if you opt to take out an After-The-Event (ATE) Policy to protect against such costs. You will be advised of your option to do this from the outset.

You will usually not have to pay any costs providing you comply with the ‘No Win No Fee’ agreement and cooperate with us in progressing your claim. As of April 2013 the law allows for a success fee to be charged on your settlement you will be advised of this and it will also be set out in your paperwork before we take your case on.

PAYING FOR YOUR CLAIM

At Brooklands Solicitors, we firmly believe that the risk of costs of your claim should not be borne by you. That is why we undertake work on a ‘No Win No Fee’ which is usually the most popular option. We will advise you clearly and impartially on the best options to fund your claim without any cost to you.

A ‘No Win No Fee’ agreement, which can also be known as a conditional fee agreement (CFA), gives you security and peace of mind when making a personal injury claim. We will assess the likelihood of your claim being successful and decide if we are able to offer you a no win no fee agreement.

You will not have to pay any costs providing you comply with the terms of the ‘No Win No Fee’ agreement (as these will be claimed from the other party’s solicitors).

Sometimes we have to use the services of investigators to help establish the facts, gather evidence or locate and interview witnesses. In every case, we will instruct medical experts to examine you and to ensure we, and the other side and the court, know everything about your injury.

We may require reports from occupational therapists, or for example if a home needs to be adapted for special needs arising from an accident, an architect’s report will be required to establish the cost of alterations.

We will enlist the help of whoever will best meet the needs of your claim. Their charges are payable by the other side if you win and can usually be covered by insurance in case you lose. In this way, the right experts can be employed without you having to worry about the cost.

If you have any questions or concerns about how this works, then please contact us today to speak to one of our experts.