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How long do I have to file a car accident compensation claim?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    How long do I have to file a car accident compensation claim?

    In the United Kingdom (England and Wales), the general time limit for filing a car accident compensation claim is three years from the date of the accident or from the date of knowledge of your injuries. This time limit is set by the Limitation Act 1980.

    The three-year time limit usually starts from the date of the car accident. It is important to note that the date of the accident is typically considered the date when the negligent act occurred, rather than the date when any subsequent injuries or symptoms manifested.

    If your injuries were not immediately apparent or if you were not initially aware that they were caused by the accident, the three-year time limit may start from the date you became aware or should have reasonably become aware of your injuries and their connection to the accident. This is known as the “date of knowledge.”

    There may be exceptions or variations to the three-year time limit in certain circumstances. For example, if the injured person is a minor (under 18 years old) at the time of the accident, they typically have until their 21st birthday to file a claim. Additionally, if the accident involves a person with a mental incapacity, the time limit may be extended.

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