Car Accident Claims: How To Start The Claim Process

Car Accident Claims: How To Start The Claim Process

If you have been involved in a car accident and you have suffered a personal injury, then you may be eligible for compensation.

The first stage to making a car accident claim is to establish your eligibility for compensation, because there are time limits in place for bringing a claim forward, and there are also liability criteria to consider.

Liability

To be eligible for compensation you have to have a level of diminished liability with regards to the accident you were involved in. What we mean by this is that you cannot be 100 per cent responsible the accident in which you sustained your injuries. You can, however, have a level of partial liability although the greater your level of liability the less you can claim.

Time limits

Under the Limitation Act 1980, you only have three years to bring your claim forward. That three-year limit starts from either the date your accident happened, or from the date your injuries first became clear (such as if you suffered whiplash, but only realised a week or two later). This is known as your Date of Limitation or your Date of Knowledge. After three years, claims become time-barred or statute barred under the Limitation Act 1980.

Taking the next steps

Providing you meet these basic eligibility criteria, you can proceed with a claim. To commence application for financial compensation, you should enlist the representation of an experienced and reputable car accident lawyer. An experienced lawyer will be able to advise you on the best route to compensation and they will build you a compelling case for compensation, through an investigation process and by referring to past cases.

How much compensation could I claim?

The amount of compensation you can claim is determined by the nature of your injuries and the extent of your injuries. How your injuries have and will affect your life will also be taken into account, as will your financial losses. The worse your injuries are and the greater your financial losses are, then generally speaking the more compensation you can claim.

Timeframes for claims

Many straightforward claims can be processed in as little as 6-8 weeks by a reputable law firm, however, important considerations should be made with regards to the efficiency of the other side. If you are here because you have been injured in a car accident, you should be made aware that insurers are notoriously slow at processing claims of car insurance. It can take months to even get a response from them. And so, if your lawyer advises you that it may take a few months for your claim to reach a conclusion, do not be shocked. It is perfectly normal.

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