The vast majority of accident claims have a value of no more than £10,000 and a significant number of claims are worth £1,000 or less. If the value of your accident claim is less than £1,000, it is worth considering taking your injury claim to the small claims court without using a lawyer.
In the small claims court, an injury solicitor may help you to make your claim in the usual way or advise you how to handle your claim yourself. However, solicitors’ costs are not payable in the small claims court. Your accident claim solicitor will not be able to use a No Win No Fee agreement in the small claims court.
From experience, the small claims court is not often favourable to the Claimant in personal injury cases. It is in the insurance company’s interest to refer your injury claim to the small claims court because there is no costs pressure on them in that court. So, the incentive to settle your accident claim quickly will be less.
You can object to the reference of your injury claim to the small claims court for the following reasons:
• Liability has been admitted (the amount of compensation is still in dispute).
• The amount of accident compensation you are claiming is more than £1,000
• A difficult question of law or fact of exceptional complexity is involved (for example if your injury or illness relates to toxic exposure or poisoning that will require complex scientific evidence)
• The other side is making allegations of fraud against you
• If you and the other side agree that your personal injury claim should be tried in court
Accidents can change lives in an instant. If you are injured in an accident, it can put you under financial pressure almost immediately as bills start building up. If the other person was at fault for the accident, you deserve to obtain fair compensation by making an accident injury claim against the insurance company of the person at fault.
The accident injury claims process can be complicated, especially if liability is disputed. It may be wise to contact an accident personal injury solicitor and get help on how best to present your evidence. If you decide to get help from an accident lawyer, you will be charged fees on a “No win No Fee” basis, meaning that your fees will be paid by the other side’s insurance company only if your personal injury claim is won.
Don’t rush an accident settlement just because there is an offer on the table. It is important to obtain good quality medical evidence to properly assess your injury before you enter into negotiations. If the injury is not thoroughly treated and a settlement is accepted, you will not have a second chance at claiming injury compensation if your pain ‘flares up’ a few years or months down the line.
If you do decide to make the accident claim yourself, make sure to properly document all your expenses, lost wages, prescription costs, and even petrol used to get to your doctor and hospital visits.
When you negotiate with the insurance company, be prepared to haggle over just about everything including the compensation for your pain and suffering. Insurance companies are notoriously sneaky when it comes time to negotiating personal injury claims.
Make sure your doctors refer to your accident in the medical records and report as the direct cause of your injuries, otherwise you may not get fully compensated for your accident claim.
Some accident claims may not require the help of an injury lawyer as explained above. If the value of your claim is worth no more than £1,000 and the facts of your claim are easy to follow, stand firm, and never accept the first, second or third settlement offers by the insurance company. You deserve maximum compensation for all your injuries and losses.
This Guide was prepared by Balinda & Co to help you properly plan and make your accident injury claim.
Balinda & Co have many years experience and have helped a lot of people who have suffered accident injuries to get compensation.
Injury Claim Help for You Now
Want help with your accident injury claim? Please contact us or call 0800 321 3287 and let us talk it through.