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What if the accident was caused by mechanical malfunction?

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

    What if the accident was caused by mechanical malfunction?

    As motor vehicles become ever more technologically advanced, it’s easy for drivers to start taking their safety on the road for granted. It goes without saying, however, that accidents still happen and that they generally happen because someone has been negligent. In the case of most road traffic accidents the negligent party will be another road user, and any compensation case will consist of an attempt to demonstrate that this negligence occurred and that it resulted in somebody sustaining an injury.

    If you have been injured because someone else was negligent then it’s only fair that you should be able to claim compensation. Even apparently ‘minor’ injuries can have a major effect upon your life, disrupting your ability to earn a living and causing stress and anxiety. You’ve already suffered due to someone else’s actions so it’s extremely unfair that you should go on suffering into the future.

    In some cases the accident in question may have been caused by a mechanical malfunction in one of the cars involved rather than the actions of a driver. The brakes may have failed, for example, or the steering jammed. There have been high profile cases of cars which have been involved in accidents after the accelerator jammed and of other models with airbags which explode too violently. No matter what the details of the case, any road user has the right to expect that the vehicle they’re using is safe and fit to drive. If it isn’t, then you’ve been severely let down and shouldn’t really be expected to foot the bill in either physical or financial terms.

    A successful claim for compensation will consist of proving that the accident in question was caused by a mechanical malfunction and that, in turn, it led to you suffering an injury. An experienced lawyer will take the details of your accident from you and use these as the basis for your claim. A claim of this kind, against a large organisation such as a car manufacturer, can be complex and lengthy, with expert analysis of the car parts in question perhaps required. Your lawyer will know this and will see to it that you are kept fully informed every step of the way, right up to the moment when you hopefully receive the compensation which is due to you.

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