Insurance Claims Following a Road Traffic Accident

When it comes to making an injury claim after a road traffic accident, many people are confused about the correct procedure and prefer to simply ignore it or leave it entirely to the hands of others. Although everyone’s case differs, generally there are some relatively similar steps to follow when it comes to making a claim.

Who Can Make a Claim?

Anyone is legally entitled to make a claim for compensation if they feel they have been injured as a result of a road traffic accident that was caused by another individual. Road users, including pedestrians, cyclists and motorcyclists can pursue a claim if the accident isn’t their fault. In these cases, you are making the claim against the insurer of the individual responsible for the accident and subsequent injury.

Passengers in your car if you’re in an accident are able to claim against you as well as against the driver of the other vehicle should they wish to. You should make your claim within three years of the accident occurring. After this time period, you may find it extremely difficult to process a claim.

Claiming Through Your Insurance Company

Most people realise that when they’ve been involved in an accident, it’s their responsibility to contact their insurer in order to get their compensation claim started. In many cases, this is a relatively straightforward process, especially if there are witnesses and police at the scene of the accident. Your insurer will talk you through the accident and ask for as many details as you’re able to provide. They will then investigate the situation and eventually come back to you with further details.

In many cases, you’ll be able to form an accident claim in a few hours, but the process will be much more lengthy than this, especially dependent on which insurers you use and how easy it is to see who was at fault. Your insurance company will make you an offer of compensation and most people decide to accept this.

There are a few reasons for this; to speed up the process, to get cash you feel you’re owed and because you don’t realise you don’t have to accept their offer. If you feel that your claim is worth more than your insurance company are willing to pay out, you can contact an accident claims specialist.

Claiming Through an Accident Claims Specialist

If you’re not satisfied with the offer from your insurance company, which is often the minimum amount they can give you, you have the option of making a claim through an accident claim specialist. There are a number of contractual issues here that you should clarify with your insurance company first however. Some insurance policies may deem that you must use them in the event of a claim, so check that out before pursuing a claim elsewhere.

If you are able to use a specialist solicitor, the procedure is relatively similar to claiming through your insurance. You will still need to provide them with as much information as possible relating to the events of the accident and they will still need to conduct their own investigations before you receive any compensation. The solicitor shouldn’t ask you for any payment in advance and often doesn’t require any on conclusion of the case either, assuming you win.

They can claim their fees from the insurer of the individual who is responsible for the accident and therefore you shouldn’t be out of pocket. They will seek to get you the highest amount of compensation available from your claim so it can be a good way of being fully reimbursed for any physical or emotional effects of a car accident.

The Claim System in Scotland

The Scottish system for dealing with road accident claims is different to that of England and Wales. In Scotland there are four main ways you can claim for compensation on a personal injury. You can use a claims assessor, make a claim to the Criminal Injuries Compensation Authority, take legal action in a civil court or obtain a criminal compensation order. If you are located in Scotland or have an accident there, you should consult a local road accident specialist solicitor for help on how to proceed.