Accident Claims Frequently Asked Questions (FAQ)

Below are some of the common questions which are asked by people wishing to, or are in the process of making a claim. Click each question to reveal the answer.

If you can't find the information you need call us free on 08000 93 00 94 or complete an online enquiry form for no obligation advice on if you can make a claim.

• Is it OK to claim?

People have accidents. Compensation is appropriate. Bad press around the notion of compensation culture sometimes makes people feel uneasy about pursuing a matter. Claims are a part of modern life.

If you've suffered and it's someone else's fault you have every right to make a claim.

• How do I make a claim?

Send through details of your claim by completing our Claim Enquiry form or call us on 08000 93 00 94 to discuss your claim, and then leave us will do the rest.

• How much compensation will I receive?

Damages are usually made up of two distinct elements. First there is compensation for your pain and suffering and secondly there is compensation for the financial losses that you have suffered. The financial impact is often more important than the damages for injury.

We treat you and your claim as individual. The same injury can affect people in different ways. The specific type and seriousness of the injuries you have sustained and the time over which you have, and will suffer, are all factors which we take into account.

We support our advice by using a combination of expert medical evidence, latest court cases and judicial guidelines. We will not give you a valuation until we have all the evidence required.

Common injuries in road accidents are to the neck and back, usually in the form of whiplash. As a general guideline, such injuries lasting for a month or so will attract an award of around £1000; those lasting for up to approximately two years may attract around £5000.

• What type of injury can I claim for?

No matter the level of severity, so long as medical evidence supports the injuries you have sustained, and links your injuries to the accident, a claim for compensation can be made.

• What if I have suffered with health issues before the accident?

Sometimes a pre-existing condition may have been made worse by an accident. Subject to supporting medical evidence, you can make a claim for this.

• How far will I have to travel to see a medical expert?

We will instruct an appropriate medical expert who is as close as possible to your home or workplace, so that travel is kept to a minimum. If you do incur travel costs in attending an appointment or in respect of treatment, this can be included in your claim.

• What will the medical examination involve?

This will involve you meeting and being examined and/or questioned by an appropriate doctor or surgeon. You may perhaps have to complete a pre-examination questionnaire, which will aid the doctor at that meeting. Your appointment will usually lasts about half an hour. After this the doctor will produce a detailed report which we will share with you for your approval before sending to the other side. Do remember that the doctor's job is to give his opinion as an expert and not to become involved in any way in your treatment.

• What other items can I claim for?

As well as compensation for injury, other losses which commonly arise from accidents are:

• Loss of earnings;
• Vehicle repairs, hire, storage and recovery charges;
• Medication, prescription, treatment (physiotherapy, osteopathy, chiropractic, counselling etc) fees;
• Travelling expenses e.g. taxis, buses, trains or car mileage;
• Domestic care and assistance eg help with everyday tasks received from family, friends or a professionals.

This is not an exhaustive list. So long as a loss is reasonably incurred as a direct result of the accident and can be supported with evidence, you should be able to recover it.

• How long will my claim take?

We can't answer that until we know about your individual accident claim.

However we can say that an undisputed, relatively straight-forward injury claim may be finalised in a matter of a few months. More complicated injury claims may take as long as your injuries take to stabilise.

Factors which can affect the timescale are things like:

• Disputes - The question of who is to blame or whether the amount of your claim is reasonable may be argued by the other party. Should this happen, we will always give you the best advice and lead you through any dispute to reach an acceptable outcome.

• Insurers – can be notoriously slow at dealing with claims, be that by answering correspondence or releasing settlement monies. We will strive to ensure that they deal with your case within the time limits allowed by relevant Protocols and/or Court Rules.

• Medical experts - Unfortunately are high in demand. From time to time there may be delays in receiving appointments or written reports. Rest assured we will also endeavour to use the swiftest and highest quality of medical experts.

• Courts - The court process can sometimes be a slow one; it can be daunting too. We will support and guide you through this as quickly and efficiently as possible, fully explaining each step of the process.

While speed is good, quality is better. A thorough claim may gain higher compensation than a quick claim, and will make sure you get the quality and level of damages you need and deserve.

• Do you take any of my compensation?

We don't take anything from your compensation; you keep it all, as you should. When your claim is settled your accident compensation is awarded to you, not us.

• What if I receive an offer directly from the other side?

Occasionally, an opponent may present you with a tempting offer: "We'd like to settle this quickly for you. Here's a nice sum of money, sign here and we're done." Don't do it! Well don't do it until you have talked to us. The offer made may or may not be appropriate.

• Once I have instructed you, what are the next steps?

Based on your claim type, the lawyer dealing with your case will take you through the various steps required to finalise a claim.

If medical evidence or treatment is required, we will arrange the necessary appointments.

Throughout the duration of your claim our lawyer will keep you advised of developments.

• If I don't understand something, can I talk to my lawyer at any time?

Our case team system means that if your assigned lawyer is unavailable, you have choices. You can ask for your lawyer to call you back, or if you prefer you can talk to another member of the team. It means there's always someone that can take a call from you or answer a question.

• I have had an accident in a car. What difference does my motor insurance cover make?

There are two main insurance cover types; "comprehensive" and "third party fire and theft" (or TPFT). With TPFT cover, your insurers will compensate the other driver if it transpires that you are partially or fully at fault for the incident. However they will not deal with the damage to your vehicle.

With comprehensive cover, you get the same cover as with TPFT but your insurers also lessen the impact on you, usually by arranging the repair of your vehicle through an "approved repairer" and paying for repairs themselves. This is then included in your claim against the other party. Some insurers also provide courtesy cars.

Comprehensive insurance usually has an excess applicable. For example, an excess of £200 on your policy means you pay the first £200 towards the cost of the repairs. We include this excess as part of your claim.

You will also have a no-claims bonus on your policy. This is affected as soon as your insurers pay anything out against your policy, and will only be re-instated when your insurers receive 100% of their outlay back.

• What is "liability"?

Liability can simply be described as 'fault'. To establish liability, three factors have to be proven:

• The other party owed you a duty of care;

• That duty was breached;

• Damage resulted from that breach;

Using a road accident as an example: all road users have a duty of care when driving; whether that duty was breached is sometimes a matter of dispute between the parties, and the damage that may have resulted may relate to injuries and financial losses.

• What is a split liability agreement?

In some cases it may be appropriate to agree with the other side an apportionment of liability no a split basis. Examples of split liability agreements may be referred to as : "a 50/50 split" or "a 75/25 split".

"50/50" are not "knock for knock" settlements, where both parties bear their own losses.

Split liability agreements may be advised upon for a number of reasons, these could be based on evidence or upon commercial reality.

Sometimes a split settlement is proposed where there is no clear evidence of who was at fault for the incident and neither party are willing to accept full liability.

If a split settlement is agreed, each party receives a proportion of their claim. e.g., in the case of a 50/50 split each party would receive 50% of their damages for injury and for their losses.

Do remember that the decision to make such an agreement is yours. Such an agreement will never be imposed upon you.

• I have a replacement vehicle from a credit hire company. What is credit hire?

The first thing to bear in mind with credit hire vehicles is that they are NOT courtesy cars. You have to be aware that you are legally liable for the cost of the car. The reason that you are not invoiced immediately for the hire car is that credit hire is dealt with on a deferred payment basis. This means that you are given time to pay the hire vehicle, which gives us the opportunity to claim the hire from the third party before payment becomes due.

• Is my case likely to go to court?

Court proceedings are usually issued if there is a dispute between the parties, or where one of the parties does not respond to the claim put to them. However the vast majority of cases do not go to a final court hearing as they tend to settle beforehand. It is not unusual for settlement offers to be made once proceedings have been issued or once a hearing date has been set.

Whilst court proceedings might sound daunting, you do not need to panic. We will carefully support and advise you all along the way.

• Do I really have to attend Court?

If a final hearing is necessary to decide the matter, it is likely that you will have to attend Court to give evidence. You may however be represented by an appropriately skilled barrister or other representative carefully instructed by us.

Your attendance at court may be critical and provide you with the strongest chance of obtaining the right outcome.

• If my case settles, how long will it be before my money arrives?

Once your acceptance of an offer has been received, we will write to the other side and request prompt payment. As it is usually an insurer who actually pays out your damages, we could experience some delay. We usually receive payment within approximately 21 days.

We will do our best to ensure that settlement is agreed on the basis of a cheque being received within a stipulated period of time. If payment does not arrive we will advise you on the next most appropriate steps.