Please see below, some of our most asked questions.
If you have any additional questions and are still unsure about weather or not you have a valid claim, we offer a FREE Consultation service and would be happy to assist you.
If you have suffered losses as a result of the accident then you are entitled to make a claim to recover the losses from the Defendant / Defendant insurer.
You are entitled to make a claim for injuries suffered as a result of the accident. Some injuries may be very severe but the most common injury resulting from an accident is whiplash.
Whiplash injury is caused with sudden movements of the head and neck and the most common injuries suffered can result in pain to the neck, shoulders, headaches and back pain.
The injury may last a couple of weeks, several months or even several years, we will best advise you on how to proceed with your claim.
Other injuries resulting from a road traffic accident:
- Broken arms / legs
- Injured knees
- Psychological injuries (sleeping issues, stress, nervousness, depression etc)
- Injured wrists
- Nose / Dental / Facial injuries
Even if the injury was minor, you will still be entitled to make a claim, as we have recovered compensation of over £1000 for an injury which lasted only a few weeks, therefore please contact us for your free consultation.
Generally the vehicle driver is the owner and will make the claim for the damage, but if you were a passenger in your own vehicle and wish to make a claim for the damage resulting from a non fault accident to your own vehicle then you are entitled to do so.
The Defendant will be liable to put the vehicle back in its position had the accident not have happened. If the vehicle is repairable then the Defendant will be liable for the repair cost and if the vehicle is a total loss then the Defendant will be liable for the pre accident value of your vehicle.
If the vehicle you were a passenger in was owned by you and is not roadworthy due to the accident, then you may be able to make a claim for a replacement hire vehicle, storage and recovery charges. Please contact us and we will be able to advise you further.
LOSS OF USE
If you do not have access to your damaged vehicle as a result of the accident and choose not to hire a replacement vehicle then you can claim loss of use, which on average recovered amount is £15-£20 per day.
GENERAL EXPENSES / TRAVEL EXPENSES
If you have reasonable general expenses (i.e. medicine, clothing, etc) and travel expenses as a result of the accident then please keep all receipts and we will claim the expenses back on your behalf.
LOSS OF EARNINGS
If you have had to take time off as a result of the accident, then you will be able to make a claim for loss of earnings.
The claim for losses is unlimited to all reasonable losses resulting from the accident.
The losses may be past losses but if the accident has affected future losses, i.e. earnings, job prospects, holidays etc, then the claim may be significant and you will need an experienced solicitor helping you with the claims process.
As a result of the accident you may wish to have private treatment, such as private consultations, surgeries, physiotherapy, CBT (for non physical injuries such as stress, depression etc) and you will be able to claim for the same from the Defendant and we can help you with this.
If you have been cared for by family, friends or a private company as a result of the accident, then you are entitled to make a claim on their behalf for the cost of the care. If a family member or friend provided care, then you can claim an hourly rate on their behalf depending on the care provided.
We and a medical expert will assess your needs and be able to recommend the possible treatments to consider.
In order to assess whether you can make a claim, the accident circumstances will need to be considered and you must have suffered a loss as a direct result of the accident.
Please feel free to make a no obligation free consultation with our claims team who will be able to advise you best without any pressure.
To start the claim we will require your details and details of the accident, i.e. circumstances, defendant vehicle details and injury details.
If 18 years and above you have 3 years to make a personal injury claim.
Minors under 18 years of age have until their 21st Birthday to make a claim.
For non injury related claims, you have 6 years to make a claim, i.e. vehicle damage, hire, loss of earnings etc.
We recommend you present the claim early as this will mean a quicker settlement for you. The longer you leave in making the claim does not mean you cannot claim but the evidence is best presented when its fresh.
It is very straightforward. We obtain the accident details from you over the phone and submit the claim to the insurers on an online Claim Portal. You will be required to agree to our terms of instructions which can be sent in the post or by email. The insurers will have 15 working days to respond and provide a position on the case. If liability is admitted then the claim process will be straightforward and should settle relatively quickly depending on what you are claiming for.
This will depend on various factors in the case, i.e. if liability is admitted, disputed, what you are claiming. Each case is unique and an estimate cannot be given of settlement without the facts of the case. We will try our upmost to settle the claim as quick as possible and on best terms.
Generally straightforward claims can settle in under 6 months.
This will depend on the nature of your injuries and the period of injury suffered. If your injury was minor then we may be able to request an offer from the insurers without the need for a medical examination but this will have to be assessed on a case by case basis.
If your injuries are ongoing or were more than of a minor nature then we will always recommend you see a medical expert to assess your injuries. The expert examination will be arranged local to you, with a time convenient for you and we will always claim your reasonable travel expenses. The examination is very straightforward and can take between 15-20 minutes.
Even if you have recovered from your injuries, a medical examination may be required to assess what injuries you suffered from a medical experts prospective.
You will not need to attend our offices unless you wish to do so. We can take instructions over the phone, by letter or email. You are entitled to use any solicitor and are not restricted to local solicitors.
This will depend on the facts of the case and the losses suffered.
Injury claims can vary significantly as all injuries are not the same. A simple whiplash claim with recovery of 6 months can attract an award between £2000 – £2500 and if the injury is over 12 months then the claim could be worth over £4000 but this will depend on various factors.
Children under the age of 18 can make a claim as long as they suffered physical injury. If there is no physical injury then the non physical injury has to be a recognised psychological injury, i.e. depression, PTSD etc.
Even if the physical injury is minor, we will always recommend a claim is made as this will be in the best interests of the child.
For a child to claim, a litigation friend (an adult, I.e. parent) will need to act on behalf of the child.
Yes you can as long as the second accident either made the original injuries worse or there were different injuries in the second accident.
If you require treatment, such as physiotherapy or CBT for psychological injury, chiropractor etc then we can arrange the treatment for you to assist your recovery.
The treatment provided to you will be paid for by the Defendant insurers therefore you will not need to worry about the cost.
If an insurance company contacts you direct or any other company other than us wanting to discuss your claim then please pass them our details and hang up.
Insurers try to contact clients direct and attempt to severely under settle claims in the hope a client will be tempted with the offer.
We will make sure your compensation reflects the level of damage you have suffered and based on past experiences, the offer made by the insurers is ALWAYS beaten significantly by us when a client takes our advice.
In the case of a Road Traffic Accident; when making a claim against another driver, in most cases, they will be insured and we would make a claim against their insurers. However, a significant amount of drivers are uninsured or cannot be traced and in this instance, we would make a claim to the Motors Insurance Bureau (MIB). The MIB was set up to compensate victims of untraced and uninsured drivers. So don’t let this hold you back from making a claim.
If an accident happens and the vehicle had been stolen at the time of the collision, then you can still claim for your losses.
The possible situations are as follows:
- vehicle stolen, but it was insured, the culprit not found = MIB UNTRACED
- vehicle stolen, but it was insured, the culprit found = insurance company will deal with the claim
- vehicle stolen, not insured, the culprit found = MIB UNINSURED
Not wearing a seat belt, does not mean you are not able to claim.
You are still entitled to make a claim but the insurers may make a reduction to your damages ranging from 15-25% depending on the level of injury suffered and the circumstances of the claim.
In certain cases, you will get both parties disputing liability. In this instance, Versus Law will carry out an in-depth investigation to determine who is at fault. If necessary we will contact any witnesses to support your claim if we believe you are not responsible. Even if the accident was PARTLY your fault, then don’t worry, you may still have a claim
Initially a claim can be submitted against the other driver if it is not known who is at fault.
If the other drivers insurance company does not deal with the claim, then on a without prejudice basis a passengers claim can be submitted against the driver of the vehicle where the passenger was sat.
It is not necessary to blame the driver for the vehicle for the accident but a claim can be submitted to the drivers insurance company to ask them to deal with the claim on a without prejudice basis (without blame) as you were the innocent passenger.
The passengers can have their claim dealt with even if fault cannot be established between the two vehicles as the passenger was the innocent party.
Not all accidents are straightforward and when another driver is at fault then a claim would be made against that person and his or her insurers.
One of the biggest misconceptions is that when the passengers in a vehicle are involved in an accident, the passengers cannot make a claim against their driver. This is not correct and the fact of the matter is that passengers can make a claim against their driver as they were the innocent party; their claim should be dealt in full.
Many people are understandably are hesitant in claiming against their driver, especially if the person is a friend or family, but the main thing to keep in mind is that the insurance company of the driver will deal with the claim in full.
You are technically claiming against the driver but it is the insurance company who pay out the damages.
If you have suffered injury and or losses as a result of an accident then we will always advise you to make a claim as that is your legal right.
When an accident happens, it is likely the driver the vehicle will have reported the accident to his insurance company. The minute the accident is reported, the insurance of the driver will be affect as having a claim registered against the policy.
Once a claim is registered against the policy it generally makes very little or no difference if the passengers make a claim against the drivers insurers especially if someone else has made a claim against the driver or even if the driver claims for his / her own damage.
We will always advise the passengers to make a claim for their losses as the drivers insurers will settle the claim in full.