
A basic guide on navigating the car accident claims process
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Despite a downward trend in recent years, road traffic accidents remain a frequent hazard across the UK, often inflicting serious physical harm and emotional distress.
If you’ve been injured in a collision, understanding how to pursue a compensation claim is important. In this simplified guide, we unpack what car accident claims are, the key stages of the process and explain how the right solicitor can champion your case from initial enquiry through to resolution.
What is a car accident claim?
A car accident claim is a civil action pursued when a road user breaches their duty of care, as defined by the common law of negligence and informed by the Road Traffic Act 1988 and the Highway Code in England & Wales.
It enables those affected to seek compensation for personal injury, vehicle repairs and other consequential losses.
How do I find the right solicitors for my car accident claim?
Choosing the right solicitor can make a significant difference to the success and efficiency of your car accident claim.
Look for a firm with proven experience in handling road traffic accident cases and a strong record of securing compensation for clients. Online reviews are often a great indication of this.
At Askews, we take pride in the many testimonials from clients who placed their trust in us to help them secure justice after a road traffic accident. You can read them for yourself at Reviews.co.uk.
It’s important to ensure your chosen solicitor is legally permitted to represent you. In England, ensure they are authorised and regulated by the Solicitors Regulation Authority.
When it comes to matters of personal injury, some people prefer to instruct a solicitor who is a member of the Association of Personal Injury Lawyers (APIL). APIL is a not-for-profit campaign group which has been committed to injured people for more than 30 years. At Askews, we are proud members of APIL.
While many qualified personal injury solicitors across England and Wales can assist with a car accident claim, some people prefer to choose a solicitor based in their own town or city, or the nearest one to them. This offers the option of face-to-face meetings if that is their preference.
What steps are in the car accident claims process?
Although the steps may differ depending on the unique circumstances, the car accident claims process typically follows several key stages:
- Initial consultation: You will meet with a solicitor to discuss the circumstances of the accident, your injuries and any financial losses. They will advise whether you have a valid claim and explain the next steps. They will also advise you on costs. If the potential damages are modest (<£5,000), your solicitor may recommend that you pursue a road traffic accident small claim independently.
- Evidence gathering: Your solicitor will collect essential evidence, such as medical reports, witness statements, photographs, police reports and any supporting documentation relating to your losses.
- Notify the claim: A formal letter or Claim Notification Form outlining the details of your claim will be sent to the other party or their insurer, giving them an opportunity to accept liability or contest the claim.
- Negotiations: Most claims are resolved through negotiation. Your solicitor will engage with the insurer or their legal representatives to secure a fair settlement that reflects the full extent of your losses.
- Issuing court proceedings: If a settlement cannot be reached, your solicitor may issue proceedings in court. Even then, the vast majority of cases settle before reaching a final hearing.
- Settlement or hearing: If a settlement is agreed, you will receive your compensation shortly afterwards. If the matter proceeds to trial, the court will hear the evidence and determine the outcome.
What kind of compensation can I expect after a car accident?
Compensation typically covers your pain, suffering and loss of amenity (known as general damages) as well as specific financial losses such as vehicle repairs, medical treatment and lost earnings.
In the North East, as elsewhere in England and Wales, the amount of compensation awarded will depend on the particular circumstances of the accident and the nature and extent of the injuries sustained, guided by the Judicial College Guidelines.
While every effort will be made to secure the best possible outcome, it is important to approach the process with realistic expectations, as settlement amounts and timescales can vary depending on the facts of each case.
How long will a car accident claim take?
It is important to understand that car accident claims can take time to resolve. If you have instructed Askews Solicitors, your solicitor will work to move your case forward as quickly as possible while keeping you regularly updated.
Our priority is to secure the maximum compensation you are entitled to, without unnecessary delay.
We are Middlesbrough and Redcar-based car accident claims experts
If you would like more information about the claims process or are ready to start your car accident claim, simply Contact Our Team. You can also learn more about how we can help by visiting Road Traffic Accident Claims.
This content is for informational purposes and is not intended as legal advice.