Many of our road traffic accident clients have similar concerns about making a compensation claim. Our experts have prepared answers to common questions to put your mind at rest.
Will it cost me anything to make a compensation claim?
In most road traffic accident cases we can offer a “no win no fee” agreement which means there will be no cost to you for making a claim*.
Will I keep all of the compensation awarded to me?
In most cases you will receive all of the compensation awarded to you**. There are a small number of cases where this is not the case, for example if your road accident occurred in another country.
My insurance company has recommended a law firm. I’d like to choose my own firm, is that possible?
Yes, you are free to choose any law firm and do not have to follow your insurer’s recommendation. We would always recommend choosing a firm with a dedicated road accident team that has the necessary experience to handle your claim.
I think the road traffic accident might have been my fault. Does that mean I cannot seek compensation?
Please contact us to discuss your accident, even if you think you were to blame. An investigation into the accident often reveals that someone else was at least partly to blame so you may be entitled to compensation. Call us on 0800 056 4110 or complete our online contact form and one of our experts will be in touch.
How long will my claim take?
No two claims are the same so it is difficult for us to give you an exact timescale. What we can say is that we will work to settle your claim as quickly and efficiently as possible. We will always keep you up to date with the progress of your claim.
How much compensation am I likely to receive?
This depends on a number of factors, including:
- the severity of your injuries
- any loss of earnings
- how your injuries affect your life, including your ability to work or enjoy your hobbies
We will be able to give you an idea of your compensation settlement once we understand the detail of your case.
I was a passenger in a car being driven by someone who I knew had been drinking or taking drugs. Can I still claim?
Yes, although the court consider what you knew about the ability of the driver to drive safely when awarding a compensation settlement. We have helped many passengers to claim compensation in these circumstances, so please contact us to discuss a possible claim. Call 0800 056 4110 or complete our online contact form.
I wasn’t wearing my seatbelt at the time of the accident. Does that mean I cannot make a claim?
As long as the accident was not your fault, you will still be entitled to compensation. The amount you receive may however be reduced if it is found that wearing a seatbelt would have resulted in less serious injuries.
What happens if the other driver did not have insurance?
If the driver did not have insurance but the vehicle he was driving was insured, the vehicle’s insurance company must deal with your claim. If neither the driver nor vehicle was insured, your claim will be dealt with by the Motor Insurers’ Bureau Uninsured Driver Agreement which is designed to allow people to recover compensation in exactly these circumstances.
The other driver drove away from the scene of the accident and has never been identified. Can I still seek compensation?
It is often possible to claim compensation in these circumstances by making a claim through the Motor Insurers’ Bureau Untraced Driver’s Agreement. Unfortunately this is not always possible and the amount awarded is limited, but please call us on 0800 056 4110 or contact us using our online form to discuss your individual case.
How soon after an accident should I contact a law firm to seek compensation?
You must start your claim within three years of your accident and we would recommend seeking expert advice as soon as possible. Claims for children and those incapable of managing their own affairs can be started outside the three year period, and the Court can allow certain other claims to begin outside the three year limit.
Will I have to go to court in order to receive compensation?
Most cases settle out of court however if the other driver’s insurer denies responsibility it may be necessary for you to appear in court. We will support you and arrange for you to be represented in court if needed.
* Subject to entering into a ‘No Win, No Fee’ agreement with us and complying within its terms.
** Does not apply to group actions or accidents and illnesses outside England and Wales and is subject to compliance with the terms of your funding arrangements.