Hebble Law is a Licensed Body authorised and regulated by the Solicitors Regulation Authority.
How long do I have to make a claim?
A personal injury claim must be settled or issued at Court within three years from the date of the incident. Or if the injury was to a child, it must be settled or issued at Court within 3 years of their 18th birthday (i.e. before they turn 21).
Losses without an injury
Your claim must be issued at court within six years of the date of your accident.
If these limitation periods are missed you will lose your entitlement to claim damages (barred by the Limitation Act 1980) and you will receive no compensation. Accidents abroad are subject to different timescales and we can advise you accordingly.
What can I claim for?
As well as a claim for any injury, you may be entitled to seek recovery for any policy excess that you have had to pay, and any car hire charges incurred while your vehicle has been off the road as well as damage to property/clothing, loss of earnings, medical expenses, treatment expenses and travel expenses etc. It is important that you keep any receipts or invoices as these will help prove your loss.
For further detail about what you may be able to claim for please give us a call.
Will I have to go to Court?
It is very unlikely you will need to attend Court, although it is a possibility. The vast majority of cases are concluded before any hearing date.
The most common reasons for a matter to go to Court are:
- Arguments over who is at fault
- Arguments over the amount of compensation
Do I have to pay the other side’s costs?
As long as your claim is genuine, you will generally not have to pay the Defendant’s costs if you lose the case.
However, if the Defendant makes an offer which you refuse and later a lower amount is recovered, then you may have to pay the Defendant’s costs up to the amount of damages and interest that you recover.
Should a situation arise where it appears likely you will have to make a payment for the other side’s costs we will discuss the matter with you further.
How long will a claim take?
Unfortunately at this stage it is impossible to give any accurate estimate on how long it will take to conclude your claim. A straightforward claim can settle within 9 months, but others can take a lot longer if liability is disputed, if it goes to court or if you have sustained complicated and long lasting injuries.
Will I need to see a Doctor?
You will need to see a doctor to have any injury assessed, even if you consider it minor. The doctor will then provide a report detailing the time it is likely to take to recover fully as well as any suggested treatment to aid recovery. You should still seek advice from your own GP or hospital if you require urgent medication or treatment.
What if the other driver is uninsured or can’t be traced?
IF YOU SUSPECT THAT THE OTHER DRIVER HAS PROVIDED FALSE DETAILS, HAS FAILED TO PROVIDE INSURANCE DETAILS, OR HAS NOT STOPPED, YOU MUST REPORT THE INCIDENT TO THE POLICE IMMEDIATELY AND OBTAIN A POLICE REFERENCE NUMBER.
The matter MUST have been reported to the Police as soon as reasonably possible after the incident up to a maximum of 5 days later. If this has been done, The Motor Insurance Bureau can compensate victims of uninsured or untraced motorists.
How much am I likely to get?
The amount of compensation you will receive depends on which type of injuries you have sustained. If you have suffered whiplash injuries on or after 31st May 2021, then compensation amounts are fixed as set out in a tariff. For example a whiplash injury settling within 6 months will attract a fixed award of £495.00 after 31st May 2021. Non whiplash injuries are valued differently and depend upon how badly you were injured, how long your injuries take to recover and how much your other losses are. Whilst there are no fixed amounts for non-whiplash injuries, there are past reported cases and guidelines which we consult to give us a good idea of what you should receive. Deductions are made for overlap where you have multiple injuries because pain and suffering occurs at the same time.
For all other type of claims/injuries there are no fixed amounts for injuries, there are past reported cases and guidelines which we consult to give us a good idea of what you should receive.
If you have any further questions, why not give us a call and one of our legal advisers will be happy to assist.