Contact Made With Other Party or Their Insurers

Once you have confirmed in writing that you would like us to act on your behalf, your lawyer will make contact with the defendant, generally via their insurer. This is either done via an online portal or a letter of claim, depending on the nature of your case.  Your lawyer will explain to you what the process will be on your case.

Online portal;

For many claims whose value is not likely to exceed £25,000, contact with the defendant is initially made via an online portal.  We will complete a claim notification form on your behalf, which contains information about your injury, the circumstances of your accident, the impact it has had on your life and the reasons for which the defendant is held responsible for your accident, which we will ask you to review and sign. 

It is then the defendant’s insurer’s responsibility to review the information and respond within a pre-determined period of time. 

Letter of claim;

This letter outlines the case, your injuries and financial losses you have experienced. If appropriate, your lawyer will also use the letter to request documents the defendant may hold which are relevant to your claim, or assessments you may require.

The defendant’s insurer will then have some time to investigate the claim, after which time they are obliged to contact us and confirm whether they accept or deny liability for your accident.

More Information

  1. No Insurer

    In the case of road traffic accident claims, if the defendant is not insured, your claim will be dealt with via the Motor Insurers Bureau (MIB).  This organisation was set up to deal with accidents caused by uninsured or untraceable drivers, and is supported by all the insurers in the UK.  Your lawyer will liaise directly with the MIB if they need to be involved. 

    If the defendant does not have an insurer, and your claim is not a road traffic accident claim, it is the defendant’s responsibility to deal with your claim. The defendant can instruct a solicitor to act on their behalf, and your lawyer will probably deal with the defendant’s solicitor throughout the case. As the defendant will be obliged to respond to your lawyer, your lawyer will advise you on how the defendant will be dealing with the case and if they have instructed a solicitor.

    Depending on the complexity of the case, the defendant may choose to represent themselves, however there are restrictions on whether the defendant can do this, which your lawyer will advise you about.

     

  2. Serious And Catastrophic Injury Cases

    When dealing with serious and catastrophic injury claims, your lawyer can request that the defendant’s insurer agree to (and fund) an Immediate Needs Assessment when they initially make contact. This means that a care expert visits you at home to determine what level of care you may require, medical treatments you may need, adaptations required in your home or to your way of life, potential rehabilitation programmes, and what this is likely to cost.

    This allows us to assist with your recovery and potentially request an interim payment from the defendant’s insurer to cover some of the costs of the assessment where something is immediately required.

    It assists in placing a valuation on your case and providing both sides with an idea of the medical advice required on your case and what the most appropriate way forward is.

  3. Non-Response

    If our attempted contact has not been acknowledged within a certain timeframe, your lawyer is entitled to issue court proceedings against the defendant on your behalf as the defendant will be in breach of the pre-action protocol for personal injury claims.

    Your lawyer will advise you whether there has been a response during this period, and whether court proceedings should be issued. Although you are entitled to issue proceedings, this doesn't mean that you should; your lawyer may feel it is appropriate to grant an extension of the period of time in which they respond, rather than issuing proceedings immediately. There may also be mitigating circumstances as to why the defendant has not responded in this time period.

    See the “Issue court proceedings” box and subsequent boxes on the flowchart for more information about the court process.

Life Cycle of a Claim

There are two types of Personal Injury cases, as follows:

Portal Cases

Generally these are cases where your compensation award is likely to be less than £25,000 and the injury has occurred in England and Wales.

Non-Portal Cases

Generally, these are cases that either; i. have occurred abroad. ii. Are likely to provide you with compensation in excess of £25,000 or iii. Have left you with life-changing injuries.

Learn about the types of cases we deal with

Case taken on

After getting in touch with us, your case will be passed to a lawyer, who will discuss with you your injuries and how they have affected you and about your claim generally.

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Contact made with other party or their insurers

Your lawyer will make contact with the defendant, generally via their insurer. This is either done via an online portal or a formal letter.

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Liability accepted

If the defendant accepts liability for your accident, it means that they accept legal responsibility and accept that they need to pay you compensation, subject to your lawyer proving the extent of the injuries and financial loss your accident has caused you.

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Liability denied

The defendant does not accept that they were responsible for your injuries. We will take steps on your behalf to obtain evidence to support you and encourage them to change their position.

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Seek evidence

A range of evidence will help us build a full picture of how much compensation you should receive. We will then work hard to secure it on your behalf.

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Negotiation

Negotiations to settle your claim can take place at any time. However, we would usually recommend only trying to negotiate a settlement once the full extent of your injuries and financial losses are known.

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Issue court
proceedings

We may need to issue court proceedings in order to progress your case

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Court issues
timetable

After court proceedings have been issued, the court will put a timetable in place, with input from both your lawyers and the defendant, with a view to proceeding to a final hearing.*

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Case settled

Settlement negotiations can take place at any time during the course of your claim. Your lawyer and most likely a barrister will represent you.

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Complying with
timetable

Once a timetable has been agreed, your lawyers and the defendant will have to comply with it. This involves exchanging relevant documents that will be relied upon to support or oppose your case.

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Court hearing

Your case will be listed for a final hearing, often months in advance, and you should make sure that you are free to attend this in order to give evidence to support your case. The judge will decide whether or not the defendant is at fault and what compensation you are entitled to.

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Case concluded

Your case will be concluded at the final hearing. We will work hard to ensure your compensation award is the best possible amount to enable you to get on with your life!

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