Have you been injured in a road traffic accident? Below, you will find valuable information about the factors you need to consider, before and during the accident claims process:

  • Your level of liability

Your level of liability will determine whether you do have a claim, or not. In the simplest terms, you must have a level of diminished liability to be eligible for compensation, since the other side would be under no obligation to pay you financial compensation, if you were 100 per cent at fault for the accident that caused your injuries. You can, however, still make a claim if you were partly responsible for the accident, although the compensation amount you receive will be lesser than if you have no responsibility whatsoever.

  • Establishing your ‘Date of Limitation’

You only have three years from the date your accident happened, or from the date your injuries were first medically diagnosed, to make your claim. This is known as your Date of Limitation, or your Date of Knowledge. The Limitation Act 1980 sets out these rules. After three years, your claim will become statute barred or time barred under the Act, preventing you or a solicitor from bringing it forward. So, if your accident happened some time ago, do not delay in seeking legal advice since doing so may put your ability to claim in jeopardy; to begin app, follow that link, where you can get fast legal advice.

  • Proving your level of liability

It is all well and good you knowing that you were not responsible for your accident, but the other side is not just going to take your word for it. They will investigate your claim, and for that sole reason, you must prove to them your diminished liability. To do this, your solicitor will review all the evidence available to them, and build your case based on fact. What your solicitor can prove will be presented to the other side, and what cannot be proven will be put to the other side for them to accept, or dismiss.  

  • Establishing who the other side is

Sometimes, the circumstances surrounding an accident can be so complex that establishing who the other side is, is not a straightforward process. For most people, their claim will be with an insurer. However, your claim could be with local Government, a high-street store, or another authority. It is the job of your lawyer to establish this for you, however; you should not have anything to do during the claims process, aside from attending a medical examination, so that the nature and extent of your injuries can be properly established.


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