We have been helping people make successful accident compensation claims for over 18 years. After many years' experience in dealing with accident injury compensation claims, we hope that we know what is important when advising people who have been injured through no fault of their own. This is why we want to lay out for you our easy to follow accident claim advice.
Our specialist accident claims advice service
- Our specialist accident claims advice is given free of charge by a team of friendly, legally trained advisers.
- We provide an ethical service, without any pressure to make an accident claim.
- We never cold-call, or aggressively advertise our service. We only accept incoming enquiries via our website.
- We place the interests of people who have been injured in an accident first and foremost.
- We take the time to listen to what you have to say, unlike some companies, where their staff will tell you what they think happened to you at the time of your accident.
- We will recommend a specialist no win no fee accident claims solicitor, who will act on your behalf in order to get the largest compensation settlement for you depending on the nature of your injury and other losses caused by the accident. They will not request any upfront fees from you.
You should not be embarrassed about making an accident claim. A lot of mis-information has been pedalled by insurance companies and certain elements of the media about the UK being in the grip of a so-called compensation culture. In fact, in the year 2011/2012, the number of whiplash compensation claims that were made in the UK actually decreased compared to previous years.
Accident claim advice
We are often asked the same questions by people who contact us after an accident and who wish to make an accident compensation claim. With this in mind, we thought that we would set out our accident claim advice below so that we can hopefully answer some of the many questions that you may have about making an accident compensation claim. Here are some of the most typical questions:
- What should I do after an accident?
- Am I entitled to make a claim?
- What can I claim compensation for?
- Who will deal with my claim?
We will answer these questions below based on our experience of dealing with accident claims for over 18 years. If you have any further questions about making an accident claim of any type, please feel free to contact us, and one of our team will answer any query you may have.
What should I do after an accident?
- You should always try to collect as much information as possible about the party who was responsible for the accident, e.g. the other driver’s personal and vehicular details. You should also make a note of the time and location of the accident. These details will allow your legal representative to lodge your accident claim for compensation with the correct person/organization and their insurers. It will also enable the other party’s insurers to identify the accident in question.
- Depending on the type of accident you are involved in, you should always report it as soon as you can to the appropriate person or organization. If your accident occurred at work, or in any building where you were classed as a visitor, you should ensure that the details of your accident are written down in an Accident Report Book.
- Notify the police if, for example, there are vehicles that present a danger to other road users after the accident. If the other party to the accident denies responsibility, it is always advisable to request that the police attend the accident scene so that they can assess what has happened at the time of the car accident, and take statements from all of the relevant parties.
- Approach any people who you think may have witnessed the accident in order to ask them if they saw what happened. If they did witness the accident you should make a note of their personal details. You may need to rely on witness evidence at a later date if the other party tries to deny liability for the accident.
- Make an appointment to see your GP, or go to your nearest A & E Department, if you are in pain after your accident. Not all injuries give us pain immediately after an accident. For example, a whiplash injury can take a few days to become symptomatic. When you do start to feel pain after the accident you should try to seek medical advice as soon as you can, in order to rule out any serious injury which may require urgent attention.
- Keep a record of any assistance you receive (e.g. household chores, shopping, etc.) from a friend, neighbour or member of the family after the accident. If you do this, you may be able to claim compensation for the help given to you because of your injury.
- Use the services of a specialist no win no fee accident claims lawyer. A no win no fee personal injury solicitor will usually be able to discuss your claim with you over the telephone in order to assess if you have a reasonable prospect of success. If they are satisfied that your personal injury claim is worth more than £1,000 (i.e. not a small claims case), and that you have more than a 50% chance of success, they will agree to act on your behalf under the terms of a Conditional Fee Agreement – more commonly known as a No Win No Fee Agreement.
Am I entitled to make a claim?
A personal injury claim will arise when someone sustains a physical and/or psychological injury due to an accident caused by the negligence of someone else. An injury can be caused by an accident in any walk of life, and at any time of the day, depending on what we are doing at any particular time. In order to make a successful accident claim you must be able to show that your accident was the responsibility of another person or private/public organization.
Some examples of successful accident claims
Road traffic accident claims
If you have been involved in an accident while driving any vehicle while out on the school-run, travelling to or from work, or in any other situation, and another driver was to blame, you can make a road accident claim if you were injured as a result of the collision. A typical example of this is an accident that is caused by a rear-end collision. The occupants of the vehicle which is hit in the rear will often suffer from whiplash as a result of the crash. If you’ve been injured in an accident like the one described above, then you can make a successful accident claim against the other driver’s insurance company. If your road accident was caused in any circumstances where you think the other driver was at fault you will be entitled to make a compensation claim against their insurer.
Accident at work claims
An injury at work can often be severe if you have been dealing with machinery or lifting heavy loads. If an accident has occurred because your employer failed to ensure that a machine you were operating was properly maintained and, as a result, it was unsafe to use, you may be able to make an accident at work claim against your employer for failing to provide a safe place of work. All employers are responsible for the actions of their employees – this is called vicarious liability. If a fellow employee does something which you think was dangerous, and you sustained an injury because of their conduct, you can make an accident claim against your employer under the principle of vicarious liability.
Trip compensation claims
If you have tripped on a dangerous surface such as a public pavement, or in any commercial or public premises owned by someone else, you may have fractured a limb or sustained a serious facial injury. If you think that the cause of the accident should have been avoided you may be able to make a successful accident claim against the organization that was charged with keeping the surface where your accident occurred reasonably safe for members of the public.
What can I claim compensation for?
If you have been injured due to an accident at work, a road accident, a supermarket accident, or an accident in any public place, and you think that the accident could have been avoided if someone, or an organization, had acted reasonably, you can make an accident injury compensation claim for the following:
- General Damages: The term, “damages” is just another word for “compensation”.
- General damages include the compensation awarded to you for your pain and suffering, as a result of the injuries sustained due to an accident. This is measured by the nature of your physical and psychological injuries, and the length of time it is considered that you will recover from your injury. If your injuries have adversely affected your daily life, so that you cannot perform certain tasks, the law recognizes that you should be compensated for this reduction in the quality of your life. This element of your compensation is called “loss of amenity”. It is important that you keep a record of what activities you can no longer undertake due to your post-accident physical restrictions, e.g. hobbies-gardening, sports, social and family activities, etc.
- Care and assistance – referred to as a “gratuitous care claim”. If you require any type of care and assistance because of your injuries, even if this is provided by members of your family or friends, you are entitled to claim the notional commercial nursing costs for the provision of that care.
- Risk on the Labour Market. If your injuries will detrimentally affect your chances of obtaining future employment, you are entitled to claim accident compensation for those earnings that you will not be able to command in your future working life.
- Special Damages: This compensation includes those items of expense that you can prove, by way of documentary evidence, that you have incurred as a result of an accident, or something that you will have to pay for in the future, or a future loss incurred because of your injury. These items include:
- Loss of earnings – This relates to unpaid absence from work after the accident. If you are an employed person, your employer can provide the necessary evidence to support this item of claim. If you are self-employed, you will need to disclose copies of your last twelve months accounts, and possibly a copy of your last tax assessment.
- Physiotherapy and rehabilitation costs.
- Travel expenses incurred because of the accident which you would not normally need to pay.
- Any hire charges incurred after the accident if your vehicle was written-off until you receive the relevant settlement monies, or while your vehicle is being repaired.
- The replacement cost of any items damaged as a result of the accident.
- Any other out of pocket expenses.
Who will deal with my claim?
With your approval, we will recommend one of our network of no win no fee accident claims lawyers to act on your behalf to deal with your claim. It doesn’t matter what type of injury you have sustained, or the type of accident in which you were involved; our panel of personal injury solicitors will be able to draw from their vast wealth of experience in dealing with minor or serious accident claims.
If you want to claim your full entitlement of compensation following an accident in which you were injured you should use the services of a skilled personal injury solicitor. One of our recommended no win no fee personal injury solicitors will take care of all your accident claim needs from the start of your claim to the conclusion. Their aim is to negotiate settlement of your accident claim on the most favourable terms for you, whilst achieving this objective in the shortest time possible.
You don’t need to worry about paying legal fees at the start of your accident compensation claim. Your no win no fee solicitor will wait until the end of your claim to be paid by the other party’s insurance company. They may also seek a small contribution to their fees from you, but only if you are successful. There is nothing to pay if you lose.
There are strict time limits imposed on making accident compensation claims, so start your claim. It won't cost you anything, so you have nothing to lose.