Road Traffic Accident Claims - 5 Common Questions26th Jan 2021
5 Key Questions - Road Traffic Accident Claims.
If you’ve been injured in a road accident, you need proper compensation to help you recover. So your life can get back to how it was before.
The whole experience can be overwhelming. Here, Crispin Cormack looks at the process of making a road traffic accident claim and how your solicitor can support you.
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Having discussed matters with your solicitor, the first decision is whether the damages in the claim will be above or below £25k. If below, then the claim falls within the Governments MOJ Portal Scheme. This means the claim will largely be automated and time constraints placed on each process to speed the completion. If the claim is viewed at a value above £25k then a Letter of Claim will be submitted to the Defendant and their insurer. Medical evidence will be required primarily from a Consultant in Emergency Medicine or a GP. Once all evidence has been compiled, your Solicitor can instigate negotiations for settlement. The government however, has bowed to insurance industry lobbying. It seems intent on pressing ahead with damaging reforms to the rules governing personal injury claims.
What information does someone need to provide to their solicitor when making a road traffic accident claim?
In an ideal world apart from the Claimants personal details as much information as is practically possible. This includes name of the offending party, their car registration and make of vehicle. Photographs of the accident are always helpful. Insurance details assist but Solicitors can obtain these themselves. Clear and concise details of the accident are imperative but with serious injuries it can be difficult to recall, so witnesses if applicable are really helpful.
Do you have to be the driver of a car to make a road traffic accident claim?
You do not have to be the driver a passenger can also claim for damages resulting from a RTA. Likewise pedestrians, motor cyclists and cyclists.
Are there any time limits on making a road traffic accident claim?
You have 3 years from the date of accident to submit your claim, if you are involved in an RTA in the UK. With Brexit it is even more important to check limitation periods should you be involved in an accident abroad. Basically the Limitation Period on a claim is 3 years and the claim has to have been issued in Court prior to the passing of that date.
How can a solicitor help a client access medical rehabilitation?
One of the many bonuses of using a solicitor is that they can ensure you get prompt and proper medical advice. They can do this by requesting you are seen privately for which the Defendant insurer would be asked to pay or indeed ask their own medical rehabilitation provider to examine the Claimant. This can be for the necessary medical report or to provide physiotherapy.
Get Expert Legal Advice On Claiming
Have you been injured in a road accident? Need help? Contact Serious Injury Paralegal Crispin Cormack or Coles Miller Managing Partner Adrian Cormack, head of the Personal Injury Department.
In the unlikely event that your claim is unsuccessful, you do not have to pay a penny. Find out more about how No Win No Fee arrangements work.
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This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.
