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Tell me more about the accident claims process.

Once your claim actually starts and we communicate with the opposing insurer on your behalf - what happens next.

 

The procedures below are broadly what you can expect to follow in most accident claim circumstances. However, every case is different and you must use the detail provided as a guide but nothing more.

The first thing to point out is that you should have legal representation. This is a very convenient comment from our perspective but the reality is that a personal injury claim against a compensator (usually an insurance company) will involve a legal process that has to be adhered to and understood fully.

The compensator and their negotiating team understand the law and know how to minimise their losses by taking a tough stance on certain issues relating to your personal injury claim. Do not get off to a bad start by failing to recognise the obvious need for representation - make sure you level the playing field and obtain adequate compensation.

You have the option of contacting us for compensation claim advice and we will advise you immediately if your situation is one we can help you with. Our experts will do everything possible to take care of your interests.

Once contact has been made with the insurance company, in the majority of civil cases both sides will deal with initial correspondence under the terms of the Pre Action Protocol. These 'rules' were introduced in April of 1999 and are an integral part of the reforms implemented by Lord Woolf the Lord Chief Justice in 1999. The personal injury sector has become much more streamlined as a result of these reforms. Insurers and solicitors alike must now follow a general timetable. (these rules apply to injury claims worth less than £15000)

The key points of the protocol that must be adhered to are:

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The defendant / compensator must agree liability within 3 months of the claimants letter of claim (the first letter sent by your personal injury solicitor) or if liability is disputed, disclose witness statements substantiating any denial. 

 
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Both sides must agree a mutually acceptable expert to deal with any relevant issues - in most cases this will involve agreeing a medical expert (either a medico-legal GP or an orthopaedic consultant) who can advise on your injuries. The subsequent report forms the basis of negotiations on the value of your claim.

 

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Both sides have an opportunity to make legally binding compensation proposals of settlement known as Part 36 offers. This means that your representative can actually put an offer to the compensator that they either match (and pay the full value of the offer) or refuse. A counter offer will usually follow in the event of a refusal. The Part 36 mechanism allows both sides to be firm in their negotiations and it is an excellent device to settle personal injury claims quickly and to the satisfaction of both parties. 

 

Medical evidence in some cases will be funded by the compensator, the main exception being cases were no liability is being accepted, nor is likely to be accepted. You will be notified before any accident claim is progressed on your behalf, if expenses are likely to be accrued in support of your action.

 

If you think you may have an valid compensation claim - why not make an enquiry now? Just complete the brief form opposite. Our team will respond to all written enquiries within 24 hours.

 

For immediate assistance please telephone our FREEPHONE helpline on 0800 0322210

 

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The Claims Connection - UK Accident claim and personal injury compensation specialists.

 

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