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Car Accident Claims
If you’ve been involved in a car accident and it was someone else’s fault, and you were injured physically or mentally, you may be eligible for a car accident claim.
In most cases, car accidents can cause short-term whiplash injuries involving pain and discomfort to the neck and shoulders, however, in some cases, a car accident can, unfortunately, result in ongoing, life-changing injuries that can impact your ability to work and live in the most severe cases.
True Solicitors LLP offer a no-win, no-fee agreement for your car accident claims. To discuss your claim, call us on 0344 854 7000 or complete our contact form and we will call you back at a time that works for you.
Car accident claims process
The length of the claim process varies for car accidents, depending on the severity of the injury and the extent of its impact on your health and daily life.
They are subject to pre-action protocols which are steps both parties should take to resolve claims without having to go to court.
A claim for a car accident starts with a letter of claim known as a claim notification. If the claim is a whiplash-related injury, this is sent to the responsible party via the Official Injury Claims portal. The claim notification outlines the details of the incident and losses suffered, such as physical and psychological injuries as well as financial losses.
However, more serious or catastrophic injuries that have a profound or long-lasting effect are exempt from the portal and follow a different path. Please refer to our serious injury page for this.
What steps are involved in a car accident claim?
The claims process may seem daunting, but this guide will help you with each specific step.
Here are the basic steps we will follow with your car accident claim:
- A personal injury solicitor appointed
- Fact-finding, including establishing who is responsible for your injuries and who to make the claim against
- Evidence gathering, including obtaining witness statements, police reports and any available Dash Cam or CCTV footage
- Full assessment of your injuries and any treatment required, including obtaining independent medical evidence
- Assess the amount of compensation you deserve. This is based on several factors, including the extent of your injuries, pain and suffering, the impact on your day-to-day life, the cost of any medical treatments, including in the future, travel costs relating to the injury, lost income, and future losses
- Work to reach a satisfactory settlement with the other party you are claiming against
If an agreement can’t be reached, take your claim to court and trial if necessary.
How much does a car accident claim cost?
We offer a no-win, no-fee service for car accident claims, subject to a success fee. We will tell you at the beginning of your case what the maximum percentage to be deducted from your compensation will be. This will cover our success fee and legal expense insurance premium, if applicable.
Common injuries caused by road traffic accidents
Here are the most common injuries caused by road traffic accidents:
Whiplash injuries – symptoms of whiplash can include pain in the neck, shoulder or back, dizziness, headaches and tinnitus (ringing in the ears). Associated pain such as numbness or pins and needles can also be experienced in the arms or legs.
Psychological injuries – short and long-term psychological effects are common, including emotional distress, depression, persistent driving anxiety and post-traumatic stress disorder.
Common types of car accidents
Common car accident circumstances include:
- Hit in rear
- Another vehicle pulling out of a junction
- Collision on a roundabout
- Changing lanes
Whiplash-related injuries following a car accident: What are the new regulations?
The way in which car accident claims are processed, changed on the 31st of May 2021. The government introduced a tariff for whiplash claims linking compensation awards to the duration of the injury, as well as a new Portal.
The Portal acts as a go-between for claimants and defendants, making it straightforward to pursue a road traffic accident or personal injury claim.
The changes include:
- The small claims general damages limit will rise for road traffic accident injuries from £1,000 to £5,000. The effect is people can no longer recover their legal costs from the other side in claims of £5,000 or less
- Claims for any type of injury suffered in a road traffic accident which can be valued at less than £5,000, and where the total being sought including financial losses is less than £10,000, must now be dealt with via a newly created online system, called the Official Injury Claim (OIC) portal
- Compensation for whiplash injury claims is now fixed, with tariff bands linked to the duration of the injury, and lower than before
- Claims for whiplash injuries lasting two years or less, and with no or only minor psychological trauma, must now be settled based on the tariff system which fixes compensation at between £240 to £4,345
- Flexibility for awards to be increased by up to a maximum of 20% in exceptional cases
- Claims for whiplash injuries can no longer be settled without obtaining a medical report
What details are needed for a car accident claim?
- The date, time & location of the incident
- Details of the incident including any damage to the car and your injuries
- Car make, model and registration number
- Details of the other vehicle/owner
- Speed of car & weather conditions (are also useful)
The different types of damages that can be caused by the accidents and a brief description
e.g. physical, psychological, financial etc.
- Pain and suffering caused as a result of the injury
- Past and future loss of earnings
- Medical & travel expenses incurred as a result of the injury
- Care & rehabilitation needs now and, in the future
- Any modifications to your home including mobility aids
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