Author: numan
What do I pay you if my claim is successful?
We operate a no win no fee agreement. If we are successful we limit our fees in accordance with the Conditional Fee Agreement (CFA). If successful we are entitled to part of our costs from the Defendant but as we do not get paid all our costs, in accordance with the CFA we deduct up to a maximum of 25% of the total compensation you are awarded as a contribution to cover some of our costs.
Are there other forms of funding the claim?
We will make enquiries if you have an existing legal expenses cover, such as with your car or home insurance, credit card insurance etc, which can cover all aspects of the claims similar to the insurance policy which we purchase on your. If another insurance policy can be established then we will cancel the existing policy we have taken on your behalf.
Once the independent insurance policy is taken out on your behalf by us, then it has to be cancelled within 14 days, otherwise the only other way it can be cancelled is if we establish an existing insurer who will provide cover for you.
Will you take out an insurance policy to cover me against risk of costs?
As we have made it clear, we operate on a no win no fee basis, which means you wont have to pay our costs unless you succeed, but you will still be liable for the disbursements such as engineering evidence, medical reports, court fees etc.
Further you will also be liable for Defendant costs in certain situations.
There are no guarantees in the claims process therefore if you decide to take out the insurance policy then this will give you added protection.
We will take out an independent insurance policy on your behalf, which will cover all the disbursements and our costs, which will enable us to operate on a no win no fee basis and will cover you against the risk of the Defendant’s costs.
There are possibilities you may have to pay the Defendant’s costs and in the unlikely event you are ordered to pay the Defendant’s costs, I.E. if they make an offer to settle your claim and you fail to accept the offer in accordance with our advice, adverse costs and other costs you may be liable for, then the insurance policy will cover the costs (subject to terms and conditions).
We recommend this policy is taken out as the insurance policy cost will only be payable upon successful settlement of your case.
What Agreement will I need to sign?
You will be required to sign a Conditional Fee Agreement (CFA), which will set out the no win no fee arrangement between you and your solicitor.
WHAT CAN YOU CLAIM FOR?
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.
PERSONAL INJURY
You are entitled to make a claim for injuries suffered as a result of the accident.
Injuries resulting from a road traffic accident can be:
- Broken arms / legs
- Injured knees
- Psychological injuries (sleeping issues, stress, nervousness, depression etc)
- Injured wrists
- Nose / Dental / Facial injuries
- etc
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.
CARE CLAIM
Many pedestrians who are involved in a road traffic accident require help, assistance and general care in the recovery process.
Depending on the injury, we may be able to arrange professional care for you but this will depend on the fact of the case.
In many cases, the pedestrian is cared for fully or partially by either friends or family and in the case of children, by their parents or guardians.
IF I CLAIM AGAINST MY DRIVER, WILL THE AFFECT THE DRIVERS INSURANCE?
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.
SHOULD I CLAIM AGAINST MY DRIVER?
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.
WHAT IF MY DRIVER WAS AT FAULT FOR THE ACCIDENT?
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.
I AM NOT SURE WHO WAS AT FAULT, WHO SHOULD I CLAIM AGAINST?
Initially a claim can be submitted against the other driver if it is not known who is at fault.
If the other driver’s 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 driver’s 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.
WHAT IF THE OTHER DRIVER DOES NOT ACCEPT FAULT?
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