If your personal injury insurance claim is less than £1,000, you don’t need a personal injury lawyer to make your claim. In most cases, minor personal injury claims settle without any lawyer getting involved.
If you know the personal injury claims procedure you can make your insurance claim easily, and keep all your injury compensation.
For example, if you have suffered minor whiplash injuries in a car accident, the first thing you should do is to write to the person or company that you believe was responsible for the accident (the defendant).
In the letter of claim, you should ask the defendant to confirm the identity of his or her insurers. The defendant’s insurance company will need to see your letter of claim as soon as possible and it may affect the defendant’s insurance cover and/or the conduct of any subsequent legal proceedings if the defendant does not send the letter to them.
You need to give a brief description of how the accident happened and the reason why you believe that the defendant was at fault.
Your letter of claim should contain a description of your injuries. For example, if you suffered neck and shoulder pain, you will state that you suffered whiplash injuries to your neck and shoulders.
If you went to hospital, state the name, address of the hospital, the hospital reference number and the treatment you received for your whiplash injuries.
If you are still feeling pain, you should state this and ask the defendant’s insurance company to get involved in helping you to get better by the use of physiotherapy.
In case you are employed, state the name of your employer and your job title. If you were off work, state the number of days you were off work and the amount of pay you receive per week or month to help the defendant insurance company calculate your loss of income.
You will need to see a doctor when your claim for personal injury starts. Once you get treatment that is proof that you were injured. You will not receive compensation for pain and suffering unless you were injured.
In most cases, an insurance company will attempt to settle a claim for personal injury when they receive the letter of claim even before the claimant has been examined by a doctor. This happens when they have accepted responsibility for the accident. They will decide to offer you a sum of money , in exchange for your signature on a document stating that you will not make any further claims for injury compensation against the company. Be careful before signing such a document. Your injuries may be more serious than you at first thought. Always see a doctor first before you negotiate a settlement of your injury claim.
Many insurance companies will try to make offers of settlement right from the beginning, when they first talk with you over the phone. Be careful, they can record the conversation and use the agreement you give them.
You have the right to choose not to accept offers before you are fully recovered from your injuries.
You will need to get a medical report. The medical report will be paid for by the defendant’s insurance company.
You may receive a form for medical authorisation from the insurance company, asking you to give permission for them to get your medical records. Be careful before you sign the form. By signing the authority form you will be giving them access to all your medical records including those that are not relevant to your whiplash claim. They need to see relevant records only.
The procedure for making a personal injury claim is mostly focused on the injuries and medical treatment that you received. You will receive letters from the insurance company, asking for medical evidence. Once you have a medical report, you may then negotiate and settle your insurance claim.