Road Traffic Accidents
Procedure for claiming
Almost all personal injury claims arising from road traffic accidents are now governed by a special 3 stage process.
|Stage 1 ||We send the Claim Notification Form electronically to the relevant insurer. The insurer must admit or deny liability within 15 days.|
|Stage 2||We obtain a medical report and evidence of your loss, which is sent to the insurer together with an offer to settle the claim. The insurer has 35 days to consider the evidence and the offer, and to make a counter-offer if they wish.|
|Stage 3||If we cannot agree a settlement with the insurer, we will commence court proceedings on your behalf and a judge will decide how much compensation you will receive|
Most claims are settled at Stage 2 of the process, which means that in many cases you will receive your compensation cheque within a couple of months of your first appointment. Unfortunately some insurers are still not dealing with claims efficiently and in those cases we have to revert to the old procedure of writing letters and, where necessary, commencing court proceedings.
Low velocity impact (LVI) cases
If you were involved in a relatively minor collision, the insurer may argue that the velocity of the impact was so low that you could not possibly have suffered injury. This is simply not true: scientists have shown that many factors other than speed are relevant, such as the relative sizes of the vehicles involved and whether the collision was unexpected. There is no minimum speed below which a driver or passenger cannot be injured. However, if the insurer can persuade the court that any injuries you have were unlikely to be caused by the collision, then your claim may be dismissed.
The insurer will often seek to rely on its own expert engineering and medical evidence and your evidence will be examined in forensic detail in an effort to expose any discrepancies. It is therefore even more important than usual that suitable expert witnesses are selected and that your evidence is collated and presented to the court with care. We deal with LVI cases on a regular basis and we have the experience to help you succeed in this sort of claim.