Accident Claims FAQs
What is no win no fee?
This refers to an agreement between a client and solicitor, and is more formally called a speculative funding agreement. It means that your solicitor will no make a charge for his or her time in the event that your case is unsuccessful.
What happens if I don’t win?
If your case is unsuccessful, you will not be charged for the solicitor’s time in handling the case If the case has proceeded to court, it may be that you will be responsible for the defenders legal costs. It is possible for your solicitor to take out an insurance policy to cover those costs, a policy known as “after the event” insurance. This would cover any outlays incurred and the defenders costs.
How long does it take?
Much will depend on the complexity of your claim, and more often the severity of your injury. The Voluntary Pre-action Protocol for Scotland sets out time limits for the investigation of the claim by the insurers, normally 3 months from the date that the insurers agree to proceed under that agreement.
How much will I get?
The value of your claim varies as it of course relates to the extent of your injuries. The claim will be broken down into a number of what are called “heads of claim”, such as a payment to reflect the pain and suffering (solatium), wage loss and care costs. Once the medical evidence is available, we will be able to discuss the potential value of your claim with you in more detail. Any figures given prior to this would be nothing more than a broad guess.
How long do I have to make a claim?
While there are some exceptions, the general rule is that you need to claim within 3 years of the date of injury. In Scotland, the 3 year time period will run from when you turn 16 years of age.
How do you get paid?
In the event that your claim is successful, we would seek payment of our fee and all the outlays incurred (such as the cost of medical evidence) from the insurers acting for the defending person or company.
Do I have to do anything?
We will handle the whole claims process for you, letting you know in plain English what is going on. You will have to attend a doctor who will prepare a medical report detailing your injuries, but we will make all the arrangements for this.
What if the other driver was not insured?
If the other driver is untraced, or was not insured at the time, it is possible to make a claim to the Motor Insurers Bureau. They will appoint insurance agents to negotiate the case on your behalf, and the usual law of negligence will apply.
What can I claim for?
You claim will be broken down into a number of heads of claim. The first head in most claims will be solatium (also known as general damages) which is a payment for the pain and suffering for your injury. These are assessed by looking at previous decisions of the courts where there have been similar injuries. The remaining heads of claim are often known as special damages, and can include loss of income, cost of necessary care, hire of vehicles, and necessary travel costs.