It can be a confusing and stressful time when you have been involved in a Car Accident, we have produced this quick guide to help reduce the stress and strain.
Normally, this wouldn’t form part of your own car insurance policy. However, after a Car Accident, you may be able to claim for Personal Injury Compensation against the driver who is ‘at fault’, or their insurance provider. The Accident must have occurred in the last three years and you must inform your insurer about it immediately, even if you don’t want to make a claim.
It is recommended that you should claim from your own insurer if you have a comprehensive policy as this will speed up the process, however, if the insurer fails to retrieve the costs from the other driver’s insurer you could lose your no claims bonus. For injuries or losses not covered by your own policy, you can still claim from the other driver’s policy, in some circumstances you might be able to use a credit hire and repair service
If you aim to make a claim against the other driver you should allow the insurer to decide who is at fault for the Accident. If you are partly at-fault you may have to finance your own vehicle repairs.
For non-fault accidents, you may be eligible to use a credit hire company instead of your insurance company. If you cannot afford to pay for repairs or a replacement car "upfront" the Law allows you to obtain a replacement vehicle on a Credit basis, Cute Injury are able to assist you with replacement vehicles (subject to acceptance by Cute Injury and its partners)
Cute Injury only works with solicitors with proven track records and suitable legal experience and expertise. European legislation states that you are allowed to choose your own Personal Injury Solicitor, regardless of whether your insurance company tries to persuade you otherwise.
In the event that your car or household insurer is taking care of the cost of your legal claim, they will automatically pass you over to a firm of solicitors they have an agreement with, otherwise known as ‘insurance panel’ solicitors.
The problem with Panel Solicitors
Insurance companies tend to pass all of their Personal Injury Claims to the solicitors on their panel in return for a fee paid by the solicitor, some insurers have even set up their own law firms to process these claims. These relationships dictate the choice of solicitor, not whether the solicitor is the correct firm for your type of claim.
You may find that the panel solicitor is not the best to deal with your claim. If you are not content with your insurer’s choice of solicitor, you do not have to agree. The Insurance Companies (Legal Expenses Insurance) Regulations 1990 enable you to pick which solicitor will be delegated in regard to any procedures led on your behalf.
You should know that you are allowed to change to a ‘freedom of choice’ solicitor at any time, even if your insurer seems reluctant to hand the claim over to someone else.
How to choose the best Injury Lawyer for you
Whilst it isn't a requirement to hire a specialist accident and injury solicitor to work on your compensation claim, it is recommended.
Specialist solicitors have experience with working on all types of personal injury claims and will usually be able to secure you the best amount of compensation possible.
A sure-fire way to make sure you are only dealing with professional and trustworthy solicitors is to look for those that are accredited by respected industry bodies and organizations.
Cute Injury only work with accredited specialist solicitors who can clearly demonstrate their abilities in their chosen field.
What sort of evidence will my Solicitor need to help win my Personal Claim?
When assessing if you have a strong case, your solicitor will need to gather sufficient evidence to determine the facts of the case, the party to blame and whether you contributed in some way to your condition or injury.
The types of evidence collected and used will depend entirely on the type of claim you make, the more general types of evidence include witness statements, photographs of the place where the incident happened, medical evidence and expert reports.
Will the insurance company meet my freedom of choice Solicitor’s legal fees?
With Cute Injury you have several ways to fund your Personal Injury Claim. Our solicitors primarily work on No Win No Fee* agreements.
Contact us today and we'll be happy to help.