Making a Claim
Understanding Car Accident Injuries and Claims:
In the UK, most police constabularies now classify road traffic accident injuries into five categories. One category is for fatalities, while the other four are:
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Slight: This category includes whiplash to the neck, shock, bruising, soft tissue sprains and strains, as well as minor cuts or abrasions. As of 31st May 2021, these types of personal injuries will be classified as small claims.
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Less Serious: Injuries in this category cover minor head injuries, deep cuts, and fractures to the hand, arm, collarbone, foot, ankle, or lower leg.
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Moderately Serious: This includes fractures to the thigh or pelvis, chest injuries, and deeply penetrating wounds.
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Very Serious: This category covers severe injuries such as a broken neck or spine, severe head injuries, chest or crush injuries with lost consciousness or breathing difficulties, all internal injuries, and multiple severe injuries resulting in unconsciousness.
Car accident injuries can leave long-lasting physical and psychological scars. Whether you’ve experienced a minor shunt or a major incident, we are here to help take the stress out of making a car crash claim.
How Claims are processed:
Car Accident Claims Valued Up to £25,000
From 31st May 2021, personal injury claims valued between £5,000 and £25,000 are known as fast track or single track claims. Claims with general damages for pain and suffering below £5,000 are classified as small claims. No win, no fee terms will still be available for small claims.
Your solicitor will file these types of car accident personal injury claims through an internet system called the Claims Portal, which is overseen by the Ministry of Justice. This system efficiently handles claims for injuries like whiplash, cuts, and minor fractures or breaks.
If the other party admits liability, your claim continues through the portal until it is resolved. During this process, your solicitor negotiates with the other side to agree on an acceptable compensation figure. Once agreed, you receive your compensation. Your solicitor is paid an agreed and capped proportion of your compensation for their services, and we guarantee that we will never deduct more than 35% of your compensation if your claim succeeds, regardless of its complexity.
If the other party disputes liability, denies it, or if negotiations break down, your car accident claim exits the portal. Your solicitor will then begin court proceedings against the other side, following a fixed procedure with all timings set by the court. Negotiations will continue during this time, and the vast majority of car accident claims are still settled before a court hearing is needed.
If a court hearing is required, it typically lasts one day, and a judge will decide the outcome. You may need to attend the hearing, but your solicitor will advise you and manage everything. If your claim succeeds at the hearing, you are awarded compensation from which your solicitor is paid. If your claim fails, you pay nothing. There is a system of appeal for car accident claims, but it only applies to those involving the Motor Insurers Bureau, which handles claims involving uninsured and untraceable drivers or hit-and-run injuries.
Car Accident Claims Valued Above £25,000
A car accident injury claim valued at more than £25,000 is considered complex and is referred to as a multi-track claim. These claims typically involve serious, life-changing, or severe injuries, or car accidents that occurred under very complicated circumstances requiring thorough examination. Multi-track claims are always handled outside of the Claims Portal but still involve negotiation with the other party’s insurers.
Complex multi-track claims almost always take longer to settle than simpler single-track claims. Your solicitor will inform you at the beginning of your claim if it is considered a complex, multi-track case.