How do personal injury claims work?

Q: I have suffered an injury in a car accident and would like to make a claim but I don’t know where to start. How do personal injury claims work and will using a solicitor be more expensive than a claims company?

You have a right to compensation if you have suffered an injury caused by someone (or something) else. If you were covered by insurance at the time of the accident, whether as a driver or passenger, then firstly you will need to contact the insurance company to inform them of the accident; they may have a preferred solicitor to use for the claim but it is worth asking them if you can select your own, which will give you greater choice.

Personal injury claims are usually processed using the Claims Portal, introduced in 2010. The system provides an electronic means of communication between parties to enable claims to be dealt with efficiently, securely and with reduced costs.

Can I get help with my legal costs?
Legal Aid is not available for personal injury claims but, if your claim is successful, under general principles of English law the other side should pay a fixed contribution towards your costs. You can expect to pay up to 25% of your damages award towards the shortfall.

Of course, there is no guarantee that you will win your case so you need to ensure that you are covered financially for this eventuality. Insurance policies may be taken out, but only in the event that a claim cannot be managed via the Portal system and goes to Court.

A good solicitor will provide details of costs at the beginning of your claim, advising you as to what you can expect to pay and whether the case can be conducted on a ‘no win no fee’ basis.

Starting your claim
You will need to supply your solicitor with all relevant details, including:

• when the accident happened, where and how;
• contact details for other parties involved;
• details of your injury and any treatment you have received for it;
• motor insurance policy documents; and
• proof of any financial losses you have incurred as a result of your injury, such as loss of earnings or other expenses.

Your solicitor will advise you as to how likely your claim is to succeed and, at this stage, they should confirm details of funding and what further information may be required from you.

You may need to go and see a medical professional to obtain a report on your injury to support your claim; your solicitor will be able to recommend someone for you. Once a medical report has been obtained, your solicitor should be able to advise as to what level of compensation you can expect to receive.

Most road traffic accident claims are now dealt with through the Portal system where the value of the claim is less than £25,000. The Portal notifies the defendant’s insurer that a claim has been made and they then have 15 days to either admit or deny liability.

Settlement
If the defendant’s insurer admits their customer’s liability, your solicitor will then try to settle the case using the settlement provisions contained on the Portal. Your solicitor will be able to advise you as to the level of compensation you can expect to receive for your injury but they may also ask you to indicate the lowest amount you are prepared to accept in a settlement. Your solicitor will guide you through this process but in many cases, claims settle at this stage once a figure is agreed.

Going to Court
If you cannot agree a settlement figure, your next stage will be to consider taking the matter to Court. In particular, this may happen if the defendant denies that they are liable for causing your injury. A Court will be asked to decide whether or not they are liable and, if so, to determine how much compensation they should pay you.

If your claim results in legal action and a Court hearing, your solicitor will explain thoroughly the process and what you can expect. You may need to prepare to speak in Court to explain what happened at the time of the accident.