how do i claim compensation after accident?

jimbob_3

hi

this might be in the wrong place but i just wondered if anybody could point me in the right direction...

ive just spent 11 days in hospital following a road accident, the police are happy that i was not at fault - a lorry 'fell' over on the motorway and i drove straight into it...

my car was a right off and the insurance co has made me an offer on that , although it is 1,000 less than when i bought the car 6 months ago i suppose that is not too bad,

but people keep telling me i should put in a claim for compensation .. i am going to be off work for at least another month, although i still get paid, and am still in a lot of pain..

do i wait until i am completely better before making a claim?
do i approach one of these no win no fee people or do i try to contact a solicitor when i am more mobile?
or is there a way to do it through my insurance company

or am i not entitled to anything?

if anybody could help i would be grateful

many thanks

Debt_Free_Chick

I would have thought that you put the claim in now, so the relevant medical evidence can be gathered, and that you make the claim on the other driver's insurance.

Contact YOUR insurance company as they should be able to help. Or you may find that your insurance policy includes a legal advice line. Either way, call your insurance company first.

scorpio_biker

Start your claim asap. As DFC says contact your insurance company and find out if you have a legal expenses policy. This will cover the cost of any claim. If not the insurance company should be able to point you in the right direction.

Also keep records/receipts of any expenses incurred. These can be claimed back as out of pocket expenses (if you need a taxi to get you to a hospital appointment because you can't drive for example).

And be patient with the claim. These things can take a long time, you have to make sure you are completely better, or as well as you are going to get, before you accept a settlement.

As regards the insurance company offer on your car, we have found that refusing their first offer can lead to an increased offer (if you can argue the case for an increase based on the value of your car).

Hope you recover soon.

Penny-Wise_4

jimbob wrote:

hi

do i wait until i am completely better before making a claim?
do i approach one of these no win no fee people or do i try to contact a solicitor when i am more mobile?
or is there a way to do it through my insurance company

or am i not entitled to anything?

I am not a Solicitor but i do work for one - so don't take this as legal advice it’s just from my experience -

I personally would not contact those 'no win no fee people' claims companies. All good solicitors will be able to offer you a no win no fee agreement, you won't have to sign a credit agreement or anything like that.

Don't wait until you are better sort it out ASAP. You generally have 3 years from the date of the accident to make a claim - the closer you get to that date the fewer Solicitors will agree to act for you. Once the three years are up you no longer have a claim.

If you have legal expenses your insurance company may insist you use a Solicitor on their panel. However, if you feel they are not doing a good job you can change your Solicitor.

If you want to find your own Solicitor contact the Law Society


Bear in mind that to have a claim you need to have someone to blame. Your Solicitors will have to gather evidence to prove that someone did something wrong that caused the accident - so if the lorry just ‘fell over’ by accident and no one was to blame you may not have a claim.

If the driver/someone else was negligent and that lead to the lorry toppling then you may have a claim.

If you have any questions you want to ask feel free to PM me.

Orea_Pink

I used to practise law in a previous career and your injuries and other expenses are what is known as 'uninsured losses' because they aren't covered by your motor insurance policy (which just covers the damage to your car). As previously advised you should keep all documentary evidence of your expenses (e.g. taxi fares etc) in order to make your claim.

Hopefully, you have legal expense insurance with your motor insurance (about £20 per year) as it's well worth having for situations such as these. This insurance usually covers the cost of a solicitor to recover the cost of your ininsured losses including personal injury claims.

HOWEVER, as Penny-Wise has already stated, in order to claim from anyone you need to prove negligence (fault). If the lorry turned over because of the negligence of the driver (and you can prove this) then you may be in luck. If it turned over because of severe wind conditions then this may be construed as an Act of God and therefore you may be out of luck (unless you could show that the driver would have been negligent driving in such conditions knowing that there was a risk of that happening). Finally, sometimes it is really difficult claiming from the owner of a stationary vehicle (whatever the circumstances) as their insurers usually argue that you should have maintained a speed where you could safely stop and avoid a collision (that's the insurers not me, arguing that).

Don't be put off by all this and DO go and see a solicitor as soon as possible as they will be up to date on the case law regarding incidents such as these. They will know where the blame can be attributed and can advise you of the likelihood of success of your claim.

Hope this is of use.

magoogy

when i had an accident i tried the nowin, etc schemes, but, they said i didnt have a case - i then tried a local solicitors and the money has been and gone - so, use a solicitor; - i used eatons and they were very quick.....