The Accident Claims Process

While most accidents victims do not make an accident claim

, compensation is slipping through their fingers. Making a claim is not as complicated as you might think. This article aims to provide you with the knowledge to make a successful claim.

The first thing you need to do is secure legal representation. Most personal injury solicitors will assess the strengths and weaknesses of each case individually to determine whether the case is likely to succeed. Accident claims that do not have a reasonable chance of success will not be proceeded with, so solicitors have the ability to settle your claim on a no win no fee basis.

Once you appoint an accident solicitor, they will help you to compile your evidence and present it to the third party insurers. Accident claims are decided on the basis of the evidence, so you will need to prove that your injury, illness or disease was caused as a result of the negligence of another party, for example your employer, another driver, or your local council. You will need to establish the details of the case - the date and location of the accident and how it happened, the contact details of any witnesses, details of any injuries, medical diagnosis and treatment, and proof of loss of earnings or other financial expenses that are the result of the injury.

A Letter of Claim sent to the other party or their insurance company by your solicitor, will start negotiations by stating your intention to bring a claim against them. Further correspondence should be in accordance of the Pre Action Protocol, which states a number of rules. Liability must be agreed within 4 months of receiving the Letter of Claim. If the other party wish to deny all liability they must provide witness evidence. In most cases a suitable expert must be agreed upon by both sides to provide evidence. In most motor accident claims a doctor or specialist will be consulted by both sides to establish the injuries and their prognosis.

Negotiations can continue for a limited amount of time until either side offer to settle. Court action may be appropriate if an agreement cannot be reached, which will ensure that you receive the highest possible compensation you are entitled to.

by: Katie Clayton

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