Making a claim

FAQs : London Accident Claims

What is no-win no-fee?

You will need to sign a Conditional fee agreement (CFA), this is the no win no fee agreement. This agreement entitles us to recover as a term of the settlement our fees in full at the end of the case from the insurance company that pays your compensation. If your claim is unsuccessful we will not be paid and any costs recoverable by the other side will be paid under the terms of an insurance policy we take out on your behalf. The insurance premium is self insured and again is not payable by you.

Will I have to pay a fee if I win my claim?

If your accident claim is successful and you’re awarded damages, the other side’s insurance company will normally pay all your solicitor’s costs in addition to the damages, which means that you pay nothing. There are some exceptions but your solicitor will be able to explain this fully to you before your claim starts. You will receive 100% of any compensation awarded to you unless there are any exceptions.

Do I have a compensation claim?

As a general rule if you have had an accident within the last three years that was not your fault, you could be entitled to compensation. Each case is different. Once you have made your online enquiry using the link at the bottom of this page, we will review the facts of your case and be able to advise whether or not you have a claim.

How does London Accident Claims get paid?

London Accident Claims is not a claims company, we are paid by specialist personal injury solicitors to advertise their compensation claims services to accident victims. This service from London Accident Claims costs you nothing, and your solicitor does not pass on this cost to you.

Will I have to pay anything?

The basic rule in a Personal Injury claim in England and Wales is that “costs follow the event” In other words, assuming that you succeed with your claim, your opponents will have to pay both your compensation and legal costs. There are some exceptions but these are quite rare.

There are a number of different ways to fund your claim. Which funding option you choose will depend upon your individual circumstances and the facts of your potential claim.

There are a number of different ways to fund your claim, and depending on your circumstances it might be that you don’t have to pay anything. Which funding option will depend upon the circumstance of your claim.

We will discuss with you at the outset the various options which are open to you before we recommended one of the alternatives and will explain in detail to you the nature of the method of funding your claim before your claim proceeds.

Most cases are run under a “no win no fee” agreement.

Under a “no win no fee” agreement we do not charge you for the work undertaken on your behalf should your claim fail.

Should your claim be successful, we will recover our legal costs from your opponent as well as your compensation.

We recommend that at the outset, your claim is pursued with the benefit of insurance. In the event that your claim is unsuccessful the insurance policy will cover your opponent’s costs, VAT and expenses (disbursements) and the cost of the expenses which you incur in investigating your claim.

Under our “No Win, No Fee” agreement, you are not required to pay anything towards the cost of your case. There is no deduction from the compensation your receive. Our costs will be met by the other side when we win your claim.

We are happy to provide an initial assessment of any case free of charge.

Can I claim 100% Compensation if my accident happened some time ago?

If you are over 18 and your accident happened in the UK you have three years in which to lodge your compensation claim in court. If you are under 18, the three year period starts from your 18th birthday (16th birthday in Scotland). But it is better not to delay seeking advice after an accident.

Do I have to visit you at the office?

No, everything can be done by letter, telephone or via email. If you would like to have a meeting with us this is fine.

If your claim is complicated then we may wish to meet you. If you have been seriously injured we will be happy to see you at home.

Do I have to make a visit to my GP?

If you have suffered injuries, no matter how minor, it is worth visiting your GP. Your injuries and visit will be recorded on your medical records.

If my accident happened at work and I make a claim against them, can they dismiss me?

It is not legally justifiable for your employer to dismiss you for making an accident claim. It could amount to unfair dismissal. Also it’s important to remember that your employer is required by law to take out insurance cover against staff accidents. This means that your employer’s insurance company will pay your compensation, and not your employer.

How do I know if I am eligible to make a compensation claim?

You will be eligible if you have suffered an injury – physical or psychological – which was caused by someone who should have been taking reasonable care for your safety but failed to – for example your employer, a fellow workmate or another driver.

Can I still claim if my accident happened abroad?

Yes, although different rules often apply. In particular, some countries allow less than three years in which to start a claim. We offer further information about holiday accidents and accidents abroad.

How much compensation will I get for certain injuries?

Compensation amounts vary a great deal because injuries affect people in different ways. Some recover quickly, others don’t. Injuries are valued by making comparisons with awards in similar cases, and adjusting them as required. There is no fixed tariff because that could work unfairly. Once we have put you in touch with a local personal injury solicitor, they will be able to give you some guidelines about what you might expect to receive if you win your claim. See our Compensation calculator for example amounts. The amount in this guide is only for your injuries, pain and suffering. Other losses, for example loss of earnings or treatment costs, will be paid in addition.

Will I have to go to court?

The vast majority of cases are settled without any need for court attendance.

Will you put me in touch with a local solicitor?

We will usually put you in touch with one of our solicitors nearest to where you live. Occasionally, where there is a shortage of specialist solicitors we will suggest a firm outside your local area which we believe will deliver an excellent service.

How long will my case take to conclude?

The majority of personal injury claims settle without going to court. As a general indication a straightforward accident at work claim where the employer admits responsibility for the accident quickly should settle within 12-18 months provided the medical position can be finalized and a final prognosis given for the injury. A road traffic accident case can be resolved within 6 to 12 months. If liability is not admitted and court proceedings have to be commenced then a claim will take much longer 2-3 years. Times taken to settle claims are dependent upon many factors and you will be kept informed throughout your claim if the time expected for settlement changes.

Rehabilitation

It used to be very difficult to persuade insurers to make substantial interim payments of damages at a very early stage of the claim.

This meant that accident victims often did not receive the proper rehabilitation treatment they needed, and by the time the damages were paid it was too late to make a real difference. All that has changed the insurance industry is now willing to look at paying for rehabilitation to maximise recovery, improve quality of life and, where possible, speed return to work.

Where it is clear that an accident victim requires further rehabilitation, beyond that which the NHS can provide, the claimant lawyer and insurer arrange for an independent assessment to be carried out. The assessment is outside the claims process, thus ensuring that it is the needs of the injured person, which remain paramount at every stage.

Our solicitors have access to the very best treatment and medical experts who specialise in helping people who have suffered a serious personal injury. We can arrange medical treatment, physiotherapy, counselling, retraining, re-housing and many other rehabilitation services, depending on the nature and extent of your injuries.

Will I have to fill out loads of paperwork?

No. Your solicitor should be able to do most of the necessary paperwork for you. You will have to check the details of your claim before it is put forward, but your solicitor can help you with this.

Isn’t the law frightening?

Not when you have a good lawyer explaining things to you properly and looking after your best interests. That is why London Accident Claims has been successfully using specialist solicitors for many years and has helped thousands of injured people win their claims.

Will people think less of me for claiming?

It’s important to remember that accident victims legally deserve to receive proper compensation when they have suffered injury. You are not claiming something for nothing. Modern health and safety regulations exist because over the years ordinary people have been prepared to claim. Claims succeed because someone else has been careless, or has been in breach of a duty. Most insurance companies already charge premiums to cover such incidents. So there is no reason why anyone should expect you to suffer in silence.

Will I have to pay the other side’s costs if I lose my claim?

No, these will be met by the insurance policy we take out in support of your CFA.

Will my compensation affect my entitlement to benefits?

The compensation you recover may affect your benefits if you are in receipt of means tested benefits. If you receive a lump sum you will have to inform the DWP. We will advise you in more detail if you are awarded compensation as it is possible for us to set up a trust and protect your entitlement to benefits or you have a year from receipt of settlement monies (including interim payments to dispose). Also lump sum compensation is tax free.

Can I claim if:

a) I did not take any time off work?

b) I did not report the accident?

c) Wasn’t wearing a seatbelt?

d) I cannot identify the driver of the vehicle that hit me?

e) I am self employed?

The answer to all of the above is yes. If you did not find it necessary to take time off work then it may be that your injury was thankfully not serious but provided the injury will attract an award of compensation of more than £1,000 you should still be able to claim. If you did not report the accident then did you attend your GP/Hospital and report that the injury had been suffered at work, were there any witnesses to the accident who can corroborate your claim? If you were not wearing a seatbelt at the time you were involved in a road traffic accident then you can still claim however your compensation may be reduced by approximately 25% if the Insurer who is liable to settle your claim is able to establish that by wearing a seatbelt your injuries would have been less severe. If you cannot identify the driver or vehicle you hold responsible for your road traffic accident then you can make a claim to the Motor Insurers Bureau (MIB) either under the Uninsured or the Untraced Drivers Agreements.

What can I claim for?

Compensation is awarded for pain suffering and your inability to do things after your accident that you could do before. This part of your compensation award will be based upon a medical report obtained setting out details of the injuries you suffered in the accident. In addition compensation is paid for the financial losses you have suffered as a result of the accident with the aim being to put you into the position you would have been in if the accident had not happened. You should keep receipts and invoices for any expenses you incur. Expenses you can recover include loss of earnings, care provided not just by professionals but also provided by your family, medical expenses, damaged clothing, travel costs.

How much compensation will I receive for my injury?

Please refer to the section on “how much is my claim worth” but the amount you recover will depend upon the seriousness of the injury, scarring and the extent the injury has impacted upon your ability to work both in the past and future.

What if I need treatment for my injuries, can I claim for this?

It may be possible to arrange treatment for you if liability is admitted in your case and treatment has been recommended by a medical professional such as your GP or treating consultant. You should always tell us if treatment or medical tests such as physiotherapy, X-rays or scans have been recommended for you as some insurance companies may be prepared to arrange this for you on a private basis rather than having to wait on the NHS. In cases of serious injury, the insurer may be prepared to appoint a Rehabilitation Company to assess you particularly if your ability to work is at risk.

Why choose London Accident Claims?

It is important to instruct specialist personal injury advisers with a proven track record in handling personal injury claims who can guide you through the sometimes complex legal process.

Are you claims handlers or solicitors? We are a firm of claims handlers with a network of solicitors in based in London, South East region, Essex, Sussex, Surrey and Kent who have experience in every type of personal injury claims. We have a consultant solicitor onboard with 20 years experience, who assesses each and every claim.

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