The other driver is saying I was at fault – can I still make a claim?

NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault

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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

    The other driver is saying I was at fault – can I still make a claim?

    Occasionally, a road traffic accident will take place in which it is immediately apparent who was to blame. If you’re the innocent party in an accident of this kind, then you’ll be in an excellent position to make a claim for compensation. Often, straightforward claims of this kind are settled quickly and without recourse to court action, provided your personal injury lawyer can agree a fair amount of compensation.

    More often, however, there is some dispute over who was to blame for a road traffic accident. If you’re riding your motorbike when you’re involved in such an accident you may find that other road users are quick to try and pin the blame on you, falling back on the clichés about motorcyclists and the reckless, high speed manner in which they use the road. People often deny any responsibility for an accident in the first instance as a form of defence mechanism, and it may be that they genuinely believe they weren’t to blame.

    If you feel the accident was the fault of their negligence, however, then you shouldn’t hesitate to start working on building a claim for compensation with an expert injury lawyer. The more information you can gather, the better placed they’ll be to give you an honest evaluation of your position. Because most claims of this kind are pursued on a no win no fee basis, lawyers only tend to take on those cases which they feel have a genuine chance of success. Put simply, there’s nothing in it for them to raise your hopes falsely.

    Once your solicitor has built a case it may be that the other party back down, accepting the strength of your argument, but if they don’t then it will be for a court to decide. You’ll be guided through this process every step of the way and the ultimate aim is to win you the compensation which justice demands; someone else made a mistake and you paid for it with your injuries, so why should you pay all over again? This is the thought to keep in mind when asking a lawyer to fight your corner.

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