NON FAULT ACCIDENT CLAIMS
I’ve Been Involved In A Car Accident That Wasn’t My Fault. How Do I Know If I Have A Car Accident Claim?
Being involved in any form of accident is a very serious matter. At Free Legal Justice, we understand that any accident, whether minor or serious, is a stressful and traumatic experience for all parties involved. We are here to help you through this upsetting experience, and get you the justice you deserve. When dealing with non fault accident claims, it is important that the right procedures are followed and that proper steps are taken to deal with the incident. Free Legal Justice has worked with all types of non fault accident claims across the United Kingdom, and our friendly accident claims team is available 7 days of the week, 24 hours a day to give you free legal advice about the merits of your potential accident claim.
What Should I Do If I have Been in A non fault accident?
Check For Injuries
If you’ve been injured in a car accident, the most important thing to do is to seek urgent medical attention. Car accidents of any nature can leave you with serious injuries, and various levels of physical pain and suffering. If you are able to do so, check all passengers and anyone else involved in the car accident to find out if they need medical attention or not. If there are any serious injuries, you should call an ambulance to the scene immediately. If your own injuries don’t seem to be serious, make sure that you still get medical assistance as soon as possible, and keep good records of any doctor appointments and diagnoses that you receive.
Call the Police
It might be necessary to call the police to the scene of the accident. It isn’t always necessary to do so, and will largely depend on the situation. If someone is seriously or fatally hurt, you need to call the police. If the car accident is a hit or run, you should also call the police, as this is now a criminal case. Lastly, if there is severe damage to the cars and they are blocking traffic in any way, you will need to call the police to the scene so that they can manage the incident.
Watch What You Say
It is important to watch what you say during this time. Tensions are high, and everyone is very stressed at the scene of a car accident. One of the biggest mistakes people make is saying too much after a car accident. The less you say, the better, as you don’t want to implicate yourself in any way, or affect any future compensation claim you might have.
Gather Information and Evidence About The Accident
Lastly, you should gather as much detail and evidence from the scene of the accident as possible. Take photos of the damage to the cars involved, of the entire accident scene, of any injuries. Be sure to take down the contact details of all the individuals involved in the car accident, as well as the details of any witnesses. Witness statements may be useful in a future car accident claim, and can help to strengthen your case if it goes to trial.
Who Can Make non fault Accident Claims?
Car accidents can cause all levels of injuries to many people, including passengers, drivers, and innocent bystanders. Depending on the facts of the case, each of these people could have valid non fault accident claims. If the person who suffered injuries was younger than 18 years old, a parent or guardian will be able to make an accident claim on their behalf. The Free Legal Justice team is happy to advise you on your non fault accident claim for free at any time, and one of our experienced claims experts will estimate the potential of your claim, without any obligation to appoint us thereafter.
How Do I Know If I Can Make A Non-fault Accident Claim?
Once you are fit and able, it is a good idea to speak to a professional who specialises in non-fault accident claims. Starting an accident claim may seem like an intimidating task, but the accident claims team at Free Legal Justice is here to make the process easy and provide support to you every step of the way. We aim to help clients by removing all the stress, risks and administrative burden from the accident claims process. We appreciate that accidents, both minor and serious, can affect people in different ways. We take each case seriously and deal with each client on an individual basis, giving 100 percent of our efforts to ensure that clients receive the maximum compensation they deserve.
The team at Free Legal Justice has been dealing with accident claims for many years, and our goal is to help every client get the greatest compensation that they deserve, in the shortest time possible. Our team of specialist accident claims solicitors have a solid history of experience and successful non fault accident claims, so you can sit back and relax knowing that your claim is in safe hands.
When Can You Institute Non Fault Accident Claims?
Generally, you need to make a claim within three years of the date of the car accident, or within three years of the date that you discovered your injuries- whichever of these dates is later. There are some exceptions to this rule, for example you may be allowed a longer time period if you are claiming on behalf of a child or protected person. If the car accident was the result of criminal activity such as a hit and run, time limits may again vary as the claim will be instituted through the Criminal Injuries Compensation Authority. Our national non fault accident claims team is available 24 hours a day, 7 days a week to answer any questions that you might have regarding the timing of your accident claim.
What Information Is Needed To Make Non Fault Accident claims?
Contact Free Legal Justice now to receive free professional advice on the merits of your non fault accident claim, so that you can know where you stand before you take legal steps against those who caused you injury. To correctly advise clients on the merits of their potential non fault accident claims, we will ask for as much information as possible about the accident and specific details of any injuries suffered. For this reason, we suggest that you have as much detail as possible ready for your free legal consultation with one of claims experts, including data such as:
- How the car accident happened;
- the nature of the car accident;
- Location of where the car accident happened;
- the nature of the injuries suffered or damages caused as a result of the car accident;
- Your car registration details;
- The name, car license registration number, and contact number of the individuals involved in the car accident; and
- Details or reference numbers of any police docket or emergency services attendance report.
Don’t worry if you don’t have all of this information yet. A member of our helpful Free Legal Justice team will explain the merits of your accident claim to you, based on all whatever information you can provide. It is important to speak to a member of the Free Legal Justice accident claims team as soon as possible- the sooner we have the details of your accident, the sooner one of our expert non fault accident claims solicitors can get started on your case, and get you the financial compensation you deserve.
How Do You Calculate Compensation Amounts in Non Fault Accident Claims?
Your legal right to compensation is centred on getting you back to the position you were in before you were harmed in the accident. In accident claims generally, compensation sums are calculated with reference to the severity of the victim’s personal injuries, and the type of care that the victim may need going forward to be able to live with their injuries. We will also include a claim for out-of-pocket expenses incurred as a result of the incident.
Non fault accident claims consist of general and special damages. In summary, general damages are compensation for the personal injuries the claimant has suffered, whereas special damages are compensation for additional expenses incurred by the claimant as a result of the accident. Free Legal Justice will be sure to go through your calculation of general and special damages with you in detail once you’ve agreed to make a car accident claim.
There are specific rules of how much can be claimed as general damages for different levels of injuries in non fault accident claims. Your general damages will be calculated by matching your independent medical report with the sums provided for in the official Judicial Board Guidelines for the Assessment of General Damages in Personal Injury Cases. The amount of compensation that you will receive will be influenced by details such as how serious your injury was and how long you will take to recover from your injuries.
You will need to retain proof of all of the additional expenses or costs you have incurred to date, or will incur in the future, as a result of the accident. These costs will be included in the broad category of special damages. Special damages range from travel costs, costs of medical and rehabilitation appointments, childcare, loss of income, and broader medical expenses such as prescriptions, physiotherapy, counselling, physical home adjustments, to the cost of any special equipment that you might need during the recovery process.
Examples of General Damages In Non Fault Accident Claims
A head injury is a very serious issue and must be dealt with carefully. If you have sustained any form of head injury, there is a risk that you have suffered some form of brain injury and you should make sure that you seek medical attention immediately. In non fault accident claims, the amount of compensation that you will be entitled to in respect of head and brain injuries will depend on how serious the head or brain injury is. A person suffering from minor head injury, with no injury to the brain, may be entitled to claim compensation of between £3,000 and £6,000. If serious harm is caused to the head and the brain, the victim may be entitled to over £20,000 in compensation. In the most serious cases where the victim is left completely unresponsive and has suffered permanent severe brain damage, compensation claims can total over £200,000.
Mental or Psychological Injuries
As with other forms of injury, the extent of compensation allowed for mental and psychological harm is dependant on how serious the injuries are. If you have suffered psychological harm that is ruled as temporary, and things in your life are expected to return to normal soon, your compensation claim total anything between £4,000 and £10,000. Where mental and psychological injuries are more severe or permanent, the compensation payout can be up to £50,000 in valid non fault accident claims.
Upper Body Injuries
If you’ve suffered minor injuries to your upper body, including your neck and shoulders, you may have a compensation claim of up to £6 000, depending on the level of your injuries. If you have suffered severe upper body injuries, such as a dislocation or fracture, then you could be able to claim up to £29,000. The largest compensation claims will be for very severe or permanent injuries such as paraplegia, where claims can total anything between £35,000.00 and £200,000.
Back injuries need to be dealt with seriously, as they are risky, painful and draining. If your back has been injured in a car accident, there is a high risk of spinal damage and it is important that you get a medical assessment immediately to prevent any further potential damage. Back injuries can cause decreased mobility, and in serious cases can even result in paralysis. Non fault accident claims for minor back injuries can be up to £9000 in value, while the most serious and permanent back injuries to the nerve root or spinal cord can result in payouts of up to £200,000.
Hands, Arms, and Wrist Injuries
It can be tough to determine the loss that a person has suffered as a result of a wrist or hand injury. Less severe hand and wrist injuries could result in compensation claims of between £3,000 and £5 000, while permanent injury or disability can lead to compensation payouts of £30,000.
Lower Body Injuries
Injuries to your lower body include all kinds of injury to ankles, knees, hips and legs. The amount that you can claim for lower body injuries will again be determined by factors such as the nature and seriousness of the injuries. Compensation for minor lower body injuries can reach up to £10 000. If you have suffered lower body injuries leading to permanent disability, loss of limb, or consistent pain, you might be entitled to compensation of up to £25 000.00.
Your experienced non fault accident claims solicitor will be able to give you an estimate of your claim’s value once you have provided them with all the details and reports about the injuries that you suffered due to the accident. It is important that the amounts mentioned above are merely used as a broad guideline to possible compensation, and must not be seen in any way as fixed compensation amounts available to non fault accident claimants. Free Legal Justice will assess the value of your non fault accident claim in a completely free, confidential consultation once you have provided one of our claims handlers with the details of your accident.
Examples of Special Damages In Non Fault Accident Claims
To make a claim for special damages, we will need proof of those additional expenses or costs you have incurred as a result of the injuries that you have suffered. This includes expenses that you have already incurred, as well as those that you will incur in the future. Special damages which are sometimes included in car accident claims include:
- Damage to your car;
- Damage to any other possessions;
- Insurance Excess costs;
- Prescription medication costs;
- Medical care, including physiotherapy & rehabilitation costs;
- Travel expenses, including travel to medical appointments and parking costs;
- Loss of past and future earnings, which is directly related to the incident and injury;
- Any loss of job opportunities, promotions, bonuses or pensions directly related to the injury; and
- Costs relating to the adaptation of your home, necessary to be able to live with your injuries.
For a completely free assessment of the value of your car accident claim, contact Free Legal Justice at any time of day, on any day of the week, by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly accident claims handlers on 0800 567 7074. If you would like to discuss your case from the comfort of your own home, please request a complimentary home visit from one of our friendly accident claim handlers.
How Much Will It Cost To Make A non fault Accident Claim?
Free Legal Justice offers all our clients with valid non fault accident claims the option of a No Win No Fee agreement. Under a No Win No Fee agreement, if your case is unsuccessful, you won’t have to pay a thing to us for the work that the Free Legal Justice team has done on your case. For many clients, this means that they will have full access to the justice they deserve, and a fair chance to make a claim for rightful compensation, without any risk.
How Much Will I Be Charged If My non fault Accident Claim Is Successful?
The good news is that you will never pay Free Legal Justice any legal fees in advance for proceeding with your accident claim. A No Win No Fee agreement means that we will only get paid if your claim is successful.
If we help you to win your claim, Free Legal Justice will receive a success fee of an average of 25% of the compensation received as payment for the work that we have done to help you win your case. Your devoted accident solicitor will be sure to discuss the success fee with you upfront, and the agreed success fee will be confirmed in writing before we start your claim.
What Happens If My non fault Accident Claim Is Unsuccessful?
Free Legal Justice carries the risk of your accident claim being unsuccessful. If your claim is unsuccessful, we will not charge you any legal fees for the work done by our skilled personal injury solicitors. This means that you won’t pay us a thing in the unlikely event that your accident claim is unsuccessful.
To ensure that you are fully protected and have peace of mind over your financial risks, the Free Legal Justice team will help you to secure ‘After the Event’ insurance. This insurance covers you in the unlikely event that you are unsuccessful with your claim, and in case the court rules that you need to pay a part of your opponent’s legal costs during the case.
why choose our non fault accident claims solicitors?
Free Legal Justice has an entire panel of specialised accident claim solicitors who resolve thousands of No Win No Fee accident claims every year. The dedicated Free Legal Justice team works around the clock – 24 hours a day, 7 days a week, to help our clients get justice for the harm they have suffered, and receive the maximum compensation that they deserve.
By working with Claim Justice on a No Win No Fee compensation claim, we promise that:
- You will receive free legal advice from one of our expert solicitors as to how best to proceed with your accident claim;
- A member of the Free Legal Justice Team will be available to speak to you 24 hours a day, 7 days a week, to help you with any questions that you might have regarding your accident claim;
- If you are unsuccessful in your claim, we will not charge you any legal fees for the work that we have done on your case;
- You won’t pay a thing from your own pocket;
- We will help you to recover the maximum amount of compensation in the shortest possible time; and
- We will manage your case efficiently, keep you updated on its progress, and will try to make the entire compensation claim process as stress-free as possible for you.
How Long Do Non fault accident claims Take?
Every car accident is unique, as is the compensation claim process that follows the incident. Some non fault accident claims can be closed within months, while others are more complicated and will take longer to resolve. The length of time needed to resolve your matter will depend on the facts specific to your case. Non fault accident claims will be more complicated if the injuries suffered are extremely serious, if there is a dispute over the facts, or if you have been involved in a ‘hit and run’ accident. Our experienced solicitors have handled numerous non fault accident claims, and will be able to give you good idea of how long your non fault accident claim is likely to take once they have evaluated your case.
No matter how your accident happened or who you think is to blame for the accident, it is important that you speak to a trained professional from Free Legal Justice as soon as possible to determine whether you have a valid non fault accident claim. Our experienced non fault accident claims team handles every car accident claim through a fast-track assessment and allocation process; so that we can help our clients get the maximum compensation they deserve as soon as possible.
Frequently Asked Questions about non fault accident claims
Can You Make Non Fault Accident Claims on Behalf of Someone Else?
Yes, you can make an accident claim on behalf of someone else. If the person who suffered injuries in a car accident was younger than 18 years, or is considered a ‘protected party’ who is mentally incapable of making their own decisions, then a parent, guardian or close family member may make a compensation claim on their behalf. One of the friendly team members at Free Legal Justice will be able to give you more guidance on the process of claiming on someone’s behalf.
Can You Make Non fault Accident Claims On Behalf Of A Deceased?
Yes, you might be able to make a claim on behalf of a deceased. If a family member has died as a result of a car accident, you may be able to make a claim on their behalf. If the deceased has a valid will, the executor of the estate will be responsible for pursuing any claim on behalf of the dependents. If the deceased did not have a valid will, the law sets out exactly who can make a claim following the death of a loved one. The law surrounding non fault accident claims on behalf of a deceased can become complicated. It is highly recommended that you seek the help of a legal professional if you think you have a valid accident claim. Set up a free, no obligation consultation with one of Free Legal Justice’s car accident claims experts, and we will help you to determine whether you can make a compensation claim for fatal injuries.
Can You Make Non Fault Accident Claims If You Were Not Wearing a Seatbelt?
Yes, you can make an accident claim even if you were not wearing a seatbelt at the time of the car accident. If someone else is to blame for the injuries that you have suffered in a car accident, you will almost always be able to make a claim for compensation. You are not disqualified from claiming simply because you were not wearing your seatbelt. That being said, if the evidence shows that by not wearing your seatbelt, you made your injuries worse, then your compensation amount will be reduced by how much you contributed to your injuries. You will be found partially to blame for the car accident and your compensation payment will be reduced by your percentage of your blame.
Can You Make Non Fault Accident Claims If You Were Injured In Another Country?
Yes, you might be able to claim even if you were harmed outside of the UK. If you’ve been injured in a car accident in another country, whether as a driver, cyclist, motorcyclist, passenger or pedestrian, you may be able to make a claim for compensation.
When dealing with car accident claims abroad, you will need assistance from a legal professional to work out which legal system applies to the case. When car accidents occur overseas, there can be conflicts in jurisdictions and law. There are differences in the way that some countries assess accident claims, for example a few European countries have laws where fault doesn’t need to be proved to be successful in an accident claims. For this reason it is important that you choose a solicitor with knowledge in accident claims abroad, who can determine which laws apply and direct you towards who is best placed to handle your claim.
Free Legal Justice has a team of solicitors with vast experience in all forms of accident claims. Our accident claims team is available 24 hours a day, 7 days a week to answer any questions you might have about an accident claim abroad.
Can You Make Accident Claims If The Car Accident Was Partly Your Fault?
Yes, you can make an accident claim even if you think the car accident was partly your fault. Many car accidents are caused by a combination of errors, or by the collective actions of different people. Even if you believe you were at fault, this may not be the case in strictly legal terms. If the court finds you to be partly to blame for the accident, your compensation total will be reduced by the percentage of your blame.
It is always worth talking to one of our legal professionals about potential car accident claims, even if you may have been partially at fault.
Contact Free Legal Justice at any time of day, on any day of the week, by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly accident claims handlers on 0800 567 7074. If you would like to discuss your case from the comfort of your own home, please request a complimentary home visit from one of our friendly accident claims handlers, so that we can start your accident claim without delay.