From motorbike accidents to car crashes, there are many different incidents that can lead to people making an accident claim. No matter what type of incident you have been involved in, take note of the five following points before proceeding with your claim.
Five things you need to know
1. You need to see a medical professional – You cannot make an accident claim without seeing a doctor. A lot of people bypass this step when they have suffered a minor injury. However, a doctor’s medical report is the most crucial piece of evidence when it comes to making a claim.
2. There is a time limit on personal injury cases – There is a three-year time limit on all personal injury cases. This starts from the date of the incident and court proceedings must be issued within the three-year time frame. The only exceptions are injuries that occur over time, which is very unlikely for care accidents. In such incidents, you will have three years from the date of your diagnosis.
3. Compensation is split into two parts – Compensation is split up into general damages and special damages. The former relates to the compensation you will receive for your injuries and the suffering you are experiencing. The latter compensates you for any out of pocket costs you have had to fund because of the incident, such as treatment costs and loss of income. Getting your vehicle repaired by a professional company like Alan Byer Collision will also be included in the cost. You will need proof of these expenses, so don’t chuck away your receipts.
4. You may not need to go to court – A lot of people fail to make an accident claim when they would have been entitled to compensation because they don’t want to go through the hassle of a court case. However, less than three per cent of personal injury cases end up going to trial.
5. Be mindful of reporting the incident to the right people – There are instances when you will be required to report the incident. For instance, if you have been the victim of criminal injuries you will obviously need to call the police. Workplace accidents on the road also need to be reported to your employer, as he or she is required to have an accident book by law and thus must record all incidents in there.
Should I make a car accident claim?
You should make a claim if the incident you were involved in was not your fault. If you can prove that someone else caused the car accident, and thus they are responsible for your injuries, you will be entitled to compensation. Aside from this, there are two additional factors that need to be considered. Firstly, the car accident must have taken place within the last three years, as this is the time limit on personal injury cases. Secondly, you must have received professional medical attention, as we spoke about earlier.
Advice after a car accident
Hopefully, you should now have a good understanding as to whether it is advisable to make a claim. If you are going to proceed, then there are some steps you should take to ensure you build a case that is strong and gives you the best possible chance of getting the money you deserve. So, let’s take a look at some advice after a car accident in regards to making a claim.
- Contact details – If possible, you need to get the contact details of the person that is responsible for the car accident. This should include their name, telephone number, address and the information about their insurer. It is also advisable to write down the make, model and registration number of their vehicle. Did anyone witness the accident? If so, it is recommended to get their details too, as witness statements can really help to strengthen your case.
- Photographs – If there has been any damage to the street and/or your vehicle, you should take photos of this, as it serves as proof to the events that have unfolded. It is also a good idea to take photographs of your injuries too.
- Notes – Trying to remember everything off of the top of your head is not a good idea. Instead, you should take the time to make a note of everything that occurred in as much detail as possible. This will make sure you do not forget any pivotal details later down the line.
Advice on hiring a solicitor
- Look for someone with an outstanding reputation – Whenever you are looking for a service, you should take the time to do some research online, and the same applies when it comes to finding a solicitor. It is always insightful to read the opinions that have been left by those that have used the solicitor in question before. This will ensure you don’t go for someone that has a bad reputation.
- Choose someone that will work to a no-win-no-fee payment agreement – A no-win-no-fee agreement means that you will only pay legal fees if your case is successful. This offers a significant degree of financial protection while also ensuring you benefit from a high-quality service, as the amount the solicitor earns is based on the outcome of the case.
- Open effective channels of communication from the offset – If a solicitor is difficult to communicate with, you should look for someone else. The last thing you want to do is face a battle every time you want an update on your case.
- Ensure the solicitor has relevant experience – Finally, you will want to make certain you go for a solicitor with a considerable amount of experience in the industry, yet you also want this experience to be relevant. For instance, if you have been injured in a motorbike accident, then you will want someone that has experience in road traffic accident claims specifically.
FAQ about road traffic accident claims
Can I make a claim if the perpetrator fled the scene? Yes, you can. The process is slightly different and can be slightly more complex. However, you have been the victim of an accident that was not your fault, and thus you can definitely make a claim. These are known as an untraced driver’s claims, and you can find experienced solicitors in this area.
How long do I have to make a claim? You have three years from the date of the accident to make a claim, and court proceedings must be issued within this time frame. Therefore, if you were involved in a road traffic accident on April 7th 2018 you will have until April 6th of next year to make a claim.
Is there any way I can improve my chances of getting compensation? You should try to get the contact details of the person that caused the incident as well as anyone that witnessed it. Aside from this, taking photographs of your injuries as well as the damage at the scene is advised. You will also need to keep proof of any expenses you have incurred as you will be able to claim for these as special damages.
Will I need to go to court? It is highly unlikely. While we cannot provide you with a ‘yes’ or ‘no’ answer, we will say one thing, and this is that less than three per cent of personal injury cases end up in the courtroom.
How do I find the best solicitor for my case? This is an extremely important question, which is why we have provided some key advice on hiring a solicitor in below.
Do your research – When hiring a solicitor, one of the biggest mistakes people make is failing to do their research on the individual in question. You should take the time to search them online to see what other people have had to say. This will alert you to any red flags, if there are any, or reassure you that the solicitor is the right choice for you.
Consider payment terms carefully – There are many solicitors to choose from, all of which offer different payment terms. You are advised to go for someone that works to a no-win-no-fee payment agreement, as this means you will only pay legal fees if your case is a success.
Ensure the solicitor is easy to communicate with – The last thing you want to do is spend all of your time ringing your solicitor only for him or her to never answer their phone.
All in all, there is a lot that needs to be considered when it comes to making a claim for being involved in a crash. We hope that the information that has been provided in this guide will be helpful for you.