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How do I make a road traffic accident 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 do I make a road traffic accident claim?

    If you injured in a road traffic accident and it wasn’t your fault, you may be entitled to claim for damages against the driver responsible. Making a claim for compensation is not difficult and won’t cost you any money, as most personal injury solicitors will operate on a basis of ‘no win, no fee’. Furthermore, it is not just drivers that can make a claim for damages, as passengers and even pedestrians hit by a car can claim for damages.

    I’ve suffered a personal injury in a traffic accident

    Each year, tens of thousands of road accidents are reported to insurers. Many of these are only minor. However, thousands of people sustain injuries following a road traffic accident and these can vary from cuts and bruises or fractures, to life-changing injuries.

    Furthermore, not all injuries are noticeable immediately after an accident. Whiplash, for instance, can take several hours or even days to become apparent and yet the effects can last for months. This is why it is important to ensure that you obtain all the relevant details about the other driver after a road traffic accident no matter how minor it is.

    Making a claim as an injured passenger

    You can make a claim for damages even if you were not driving the car. Anybody injured in a road traffic accident can claim against the person deemed responsible. Even if you are only a passenger, or injured on a bus or riding in a taxi, you can still make a claim for damages. In some cases, this could be a driver of another car, or the driver of the vehicle in which you were travelling. You can even claim if you are related to the person whose fault it is, and as insurers pay personal injury compensation, you shouldn’t worry that your claim will financially affect the driver.

    Liability

    To make a claim for damages, you need to establish who was at fault for the accident. You cannot make a claim if you were a driver of a car and were deemed responsible. However, if you were not at fault then it is important to speak to a personal injury solicitor as soon as you can.

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