Frequently Asked Questions

Below are some of the questions we are most frequently asked by those involved in road traffic accident cases. Simply click on the question title for the answer.

Compensation

What sort of compensation might I expect?

Compensation for personal injury claims is split up into different “heads.” You receive an award for “pain and suffering” and then you are allowed to claim for other “heads” such as loss of earnings, medical treatment and property damage. A minor whiplash claim may only be worth only £3,000 but in a head injury case, damages for pain and suffering might be as much as £50,000. For the personal injury part of any claim, please look at our personal injury claim calculator to see how much your claim is worth.

How much might a claim for compensation cost?

The cost of personal injury claims vary depending on the complexity of the claim. We offer “No Win No Fee” agreements whereby you pay nothing if you don’t win your case, but we will always give you an estimate of the actual cost of your claim before you sign anything.

I am on benefits. Will these be affected if I obtain compensation?

Yes they could be. However it is perfectly possible to avoid this problem, by setting up a special needs trust. We can advise you about how you set about doing this.

How do I pay for my claim?

Most claims are run on “No Win No Fee” agreements. A “No Win No Fee” agreement means that you don’t pay us anything unless we are successful.

What are my chances of obtaining compensation from the other side?

We always advise our clients on their chances of success in percentage terms, for instance 60% to 80%. These claims can be quite straightforward, however some claims are more difficult to run than others because of a lack of supporting evidence. However we assess all cases right from the start. If we can’t take on your case, we can refer you to other solicitors who may be able to help you.

The Process

How long will a claim for compensation take?

Claims against the Motor Insurers Bureau, particularly those involving Untraced Drivers can take some considerable time. A simple case can be resolved within a year, but in more serious claims, we generally warn clients that their claim could take at least two years.

Will I have to go to court?

Highly unlikely. The majority of compensation claims settle before reaching trial, but we always warn clients about the possibility that they may have to give evidence at such hearings.

The accident occurred many years ago, can I still make a claim?

Generally you have 3 years from the date of the accident to make a claim for compensation otherwise the claim is barred. There are exceptions for children and people with mental health problems, but we always advise our clients to consult a solicitor as soon as possible?

What evidence do I need?

The first step is to telephone us and discuss the case. We will explain precisely what evidence you may need, but to begin with the police report is going to be very important indeed. We will also collect statements from you, your family, friends and any witnesses to the incident or other professionals who have had dealings with you before or since the incident. We will also be looking to obtain your GP and hospital records.

What kind of accident can be claimed for?

Any type of road traffic accident caused by an untraced or uninsured driver. This can be anything from an accident caused by a joyrider to an accident caused by oil spilt on the road by a passing tanker, or debris left by a vehicle. It can also cover deliberate acts where a car is used as a weapon to injure someone.

An unsuccessful criminal case was brought against the driver of the car that was involved in the accident, can I still claim compensation?

The failure of the criminal case does not mean that no compensation claim can be brought, and it is not a complete bar to a claim to the MIB.

The accident occurred many years ago, can I still make a claim?

We advise all our clients to make their claim as soon as possible and that means consulting a solicitor. Generally you have 3 years from the date of the accident to make a claim for personal injury compensation, but there are special rules for accidents caused by untraced drivers. There are exceptions for children and people without “mental capacity” but we always advise our clients to consult a solicitor as soon as possible. Delay can be fatal to your claim.

I have yet to go the police about my claim, should I?

We always advise all of our clients to approach the police as soon as possible. The MIB make decisions based on the applicant’s conduct, and they can turn down your claim, if you did not make a formal report to the police. There are also stringent time limits for reporting the matter to the police.

What evidence do I need?

The first step is to telephone us and discuss the case. We will explain precisely what evidence you may need, but to give you a few examples we will collect statements from you, your family, friends and any witnesses to the incident or other professionals who have had dealings with you before or since the incident. We will also be looking to obtain your GP and hospital records. If there is a police report, this is going to be a key piece of evidence in a claim against the MIB.