What type of claims do you deal with? TOP
We deal with road traffic damage claims arising out of accidents in Northern Ireland. These include circumstances where you are the owner of a vehicle which was in a not at fault situation. We can also assist with claims in the Republic of Ireland using as necessary our Southern Agents. All the information, however, on this website relates to claims arising in Northern Ireland.
How long have I to claim? TOP
You have six years to claim for damage arising out of an accident but remember if you have also suffered an injury in the same accident then there is only three years to lodge a claim. The reality, however, is that if you have suffered damage in an accident you will want to recover the same as quickly as possible and therefore you should have a Solicitor lodge your claim urgently.
When am I entitled to claim? TOP
You are entitled to claim if you are not at fault or not entirely at fault in respect of the accident and if some else is at fault for the accident.
If you are the driver of a vehicle then there are many situations where it is almost completely black and white as to who caused the accident. It may be helpful to give some examples. For example if you have stopped at a junction or traffic lights and are waiting to move off and the vehicle behind fails to keep its distance and runs into the back of your vehicle then this is very clearly the fault of the vehicle behind. Rear end collisions like this account for a considerable number of accidents on the road.
Another common type of non fault situation is when you are driving along and someone comes out of a side road either into your path or into the side of your vehicle. Or it may be that someone has made a right hand turn into your path or again into the side of your vehicle. Again these situations intend to be very straight forward.
Another situation which is usually entirely not at fault is when you are on your own side of the road and another vehicle comes on to your side of the road while attempting an overtaking manoeuvre striking your vehicle head on.
There are also situations where fault can be argued to lie between the two drivers. For example one vehicle is making a left hand turn into a junction and another vehicle attempts to overtake it as it starts the manoeuvre blame can be apportioned. The Courts can sometimes say in these situations that the driver of the vehicle making the turn should have checked their mirror and been aware as to whether or not anything was coming along beside them before the began to turn, likewise the vehicle making the manoeuvre should not have overtaken at a junction which is contrary to the Highway Code.
What steps should I take after an accident? TOP
If you are a driver at the scene of the accident you should always seek the following information from the other party, their name and address and Insurance Company and Policy Number. Take a note of their Vehicle Registration Number. Ask to see their driving licence to check that the name and address they have given you is correct. Note the make an type of car. Ask to see their Insurance Certificate. Ask them for a written admission of liability in their own hand writing confirming the circumstances of the accident and that they take full responsibility for it. If at all possible telephone the Police there and then and ask them to attend at the scene of the accident. If it is not possible to contact the Police right away once you have obtained all this information go to the nearest Police Station and report the matter.
If there are any witnesses to the accident always make sure that you have their names, addresses and telephone numbers or that the Police have taken them.
What steps do you take on my behalf? TOP
Once we have taken from you full details of your accident claim we will write to the party who caused the accident and to their Insurance Company outlining the claim and asking for an admission of liability. We will contact witnesses if necessary. We will also contact the Police to establish whether or not a Police Report is available and to obtain any necessary information from them.
What will you recover for Damages? TOP
We will seek to recover first of all the cost of repairing your vehicle or your excess if you have claimed on your Comprehensive Insurance Policy. We will also seek to recover compensation for any depreciation to your vehicle and the cost of any hire of any replacement vehicle.
Do I have to go through my own Insurance? TOP
People sometimes think if they have Comprehensive Insurance that they must claim under their Policy, however, there are many cases where people do not want to claim under their Policy for example where they have a high excess and do not want to be lying out the excess while it is recovered on their behalf or where they do not want to put in a claim on their own cover as they have been advised by their Insurance Broker that it could have an adverse affect on their bonus or perhaps the renewal of their Insurance is coming up very shortly. You do have an obligation to notify your Insurance Company that you have had an accident but if you have Comprehensive Cover you are not required to claim to on it. It is, however, undoubtedly quicker to claim on your own Insurance. This is because if you claim off the other parties Insurance first of all the Insurance details may not be obtained right away and secondly their Insurance Company will take some time to make their own enquiries to satisfy themselves that their insured is at fault and that therefore they should be responsible for the costs of repair. If you have decided not to claim on your own Insurance we will ask the other parties Insurance Company to inspect your vehicle if necessary and to agree to pay for the cost of repairs or if your vehicle is written off to supply you with a cheque in respect of the value of the vehicle.
Can I claim for depreciation to my vehicle? TOP
We will be happy to put forward for you a claim for depreciation to your vehicle. The depreciation depends on the age of the vehicle at the time of the accident, the type of vehicle and the extent of the damage to the vehicle. We normally have an Independent Assessor prepare a Report setting out what the depreciation is and after your approval of the Report send it to the Insurance Company and ask for a payment.
What if my vehicle is a write off? TOP
If you are claiming on your own Policy your Insurance Company will look at your vehicle and put forward a figure less your excess. You are therefore still going to have an excess deduction to recover from the other side. For example they may value your vehicle at say £4,000 less £200 excess and you would therefore receive a cheque for £3,800. Your own Insurance Company may have undervalued your vehicle and you should certainly not simply accept what they say without making your own enquires to make sure you are getting a reasonable figure. It may even be worth your while obtaining an Independent Assessors Report on your vehicle if you feel your Insurance Company are too low so that you have something to argue against them with.
If you are insured third party only or not claiming on your own Policy then the other parties Insurance Company will be asked to inspect your vehicle and put forward a figure for the value of your vehicle. They will normally put a figure forward with you retaining the salvage of your vehicle. For example they may say that your vehicle was worth £4,000 before the accident with a salvage value of £500 and therefore offer you £3,500 plus the salvage of your car. You would then have an obligation to dispose of the salvage yourself. Again if the Insurance Companies figure is too low a Report can be obtained from an Independent Assessor so that there is something to argue against the Insurance Company with. If, however, that Assessor agrees with the Insurance Companies Assessor then you would have to be responsible for the cost of that Report.
People who have been involved in an accident are often understandably very annoyed when their vehicle is written off. We are often told that the car was going well and was worth more to the person than simply a market value figure the Assessor would put on it. It also the case that people are often left owing more in HP than the value of the vehicle. Sometimes people say that they want to fix the vehicle themselves even though it is a write off. If you want to do this you should liase very carefully with your own Insurance Company to make sure that they are happy for the vehicle to be repaired even though it has been written off and that they will cover the vehicle to go back on the road. Some vehicles are so badly damaged that it is not possible safely to repair them.
Can I hire a replacement vehicle? TOP
If you are claiming on your own Comprehensive Policy one of the advantages is that it may be possible to have a courtesy car while your vehicle is in for repairs. This is not always the case though and in any event you may have decided you do not want to claim on your own Policy. If your car is a write off then probably you will not get a courtesy car in any event. If you are not claming under your own Policy you may be looking to hire a vehicle either from shortly after the accident because your vehicle is not drivable at all or you may only be looking to hire while your own vehicle is off the road for repairs.
There are two types of hire, ordinary hire and credit hire. With ordinary hire you simply go to a local car hire firm and hire a vehicle for as long as you need one paying up front. With credit hire the Company supplies you with a vehicle on credit and the cost of the hire is included with your claim against the other parties Insurance Company.
Ordinary hire is usually reasonably non contentious with Insurance Companies unless they believe that you have hired unnecessarily. Credit hire is much more contentious. Credit hire is very convenient for people at the time as you do not have to pay up front for the vehicle but Insurance Companies tend to dispute credit car hire accounts much more vigorously than ordinary car hire accounts.
What if my vehicle has been hit by an uninsured driver? TOP
The Motor Insurers Bureau (MIB) are paid for by the Insurance Companies and ultimately by those of us who do have insurance and they will deal with damage to vehicles arising out of uninsured driver cases. However, they do not pay the first £300 of any claim. It is also generally slower to deal with the MIB than with an ordinary Insurance Company as they have to investigate the accident fully and often receive little co-operation from the uninsured driver.
What happens if my vehicle has been hit by an untraced driver? TOP
The Motor Insurance Bureau do not run any compensation scheme in respect of damage to vehicle arising out of the actions of an untraced driver.
What will it cost me? TOP
In most cases where you are not at fault there will be no legal costs to be paid by you whatsoever. Road Traffic Accident Law tends to be very black and white. For example if someone runs into the back of your car they are almost always at fault. In most cases Insurance Companies will admit liability and therefore the arguments that will be going forward in Court will only be about the amount of your claim not whether or not you are entitled to make one. In cases where you make a recovery you can expect to have all your legal costs paid. There are, however, some exceptions which are worth noting and which are set out below.
Once proceedings are issued the Insurance Company can make a Lodgment into Court in your case. For example say the Insurance Company lodge £3,000 in respect of your claim if you decide not to accept the figure the Insurance Company have lodged into Court then the matter will proceed to a hearing in front of a Judge. The Judge does not know about the Lodgment figure. If the Judge awards you any more than £3,000 then there are no implications as to costs but if the Judge was to award you £3,000 or less then you would have to pay a substantial amount out of your own damages in legal costs.
If your case is dismissed then you will not recover your legal fees and indeed will be responsible for the cost of the other side. That is why in a case involving an element of risk as to whether or not you are going to recover you need to consider whether or not you should apply for after the event Legal Expenses Insurance or, if you are eligible, Legal Aid. After the event Legal Expenses Insurance means you buy a Policy after the accident to insure yourself against the possibility of losing the case. It can be expensive as the Insurance Company who are underwriting the Policy are taking a risk that you may not recover. It does, however, give peace of mind in that you then know your costs are covered under the Scheme if the case should be determined against you in Court.
It is worth noting that you may already have Legal Expenses Insurance whenever you bought your Insurance Policy through your Insurance Broker. Some Insurance Companies include it with their terms of business and sometimes Insurance Brokers sell it as a top up to customers. A good Legal Expenses Insurance Policy will allow you to use whatever Solicitor you want.
Do I have to go to Court? TOP
People are often put off claiming by worries about having to go to Court to give evidence. The fear of giving evidence in Court is not an irrational one as it is not a pleasant experience for most people to have to give evidence and to be crossed examined by a Barrister who is trying to pick holes in what you have said.
There are two stages to a case, before and after the issuing of proceedings. Before proceedings are issued you can always request your Solicitor very vigorously to try and settle the claim if at all possible and indicate that you do not want to go to Court. If liability is not in dispute we would certainly look to try and settle your case if at all possible but you should always remember that "it takes two to tango" and the chances of settlement vary greatly depending on which Insurance Company is on the other side. Some Insurance Companies are very easy to deal with and are keen to settle cases prior to proceedings, others can be much more difficult and if you are faced with an Insurance Company which is not prepared to pay the true value of your claim you then have to make a decision as to whether or not proceedings should issue in your case.
Once you have given the instructions for proceedings to issue you are then confirming that you are agreed that if necessary your case can proceed the whole way into Court. Most cases still do settle after issue proceedings, sometimes only a day or two before Court or even on the morning of the Court, but you should not authorise a Solicitor to issue proceedings if you are not prepared to countenance the possibility that you may have to go and give evidence in Court. Once you have authorised the Solicitor to issue proceedings if you decide to withdraw your claim you will end out being out of pocket as a result.
Any other questions? TOP
Why not contact us directly for more information and to see if we can assist you.
Telephone : 028 9446 6444