What type of claims do you deal with? TOP

We deal with road traffic injury claims arising out of accidents in Northern Ireland. These include circumstances where you are a driver in a not at fault situation, a passenger or a pedestrian. 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

The normal rule is that you have three years from the date of the accident to lodge a claim, however, if you were under eighteen at the time of the accident you have three years from when you turned eighteen ie until you reach twenty-one, to lodge a claim. If you are acting on behalf of a child then in effect a claim can be put in for them at any time until they reach eighteen and they can pursue a claim in their own account until they reach twenty-one.

However, that is not to say that it is sensible or prudent to wait if you have sustained an injury. The Insurance Company may be dubious if you have delayed unnecessarily before lodging your claim and it is always best to act as quickly as possible and to 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. In most situations this means that passengers have no difficulty in establishing an entitlement to claim since if there is a dispute between the drivers they will be able to sue the drivers of all the vehicles involved and allow the Court to decide which of them was responsible 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. It is of course the case that head on collisions tend to result in some of the most serious injuries of all.

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 you have sustained injuries obviously you should seek medical attention for these as soon as possible. The nature of your injury will dictate whether or not it is sufficient to make an appointment with your GP or whether you will have to attend Hospital right away.

When you are well enough to do so contact a Solicitor, sooner rather than later. You are also under an obligation to notify your own Insurance Company of the accident even if you are not at fault.

If you are a passenger make sure that you obtain the above details for all the drivers involved. It can be very easy, for example, for a passenger in a taxi involved in an accident to have the two drivers sort the matter out and when you start to suffer from injuries arising in the accident discover that you have no real way of finding out who the parties to the accident were.

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.

We will also obtain medical evidence relating to the circumstances of your case. The medical evidence relating to the circumstances of your case. The medical evidence that is obtained will depend on the nature of your injuries. For example if you have suffered a very mild injury which is fully resolved within a week or two it may be appropriate to obtain simply a Report from your GP or from the Casualty Officer of the Hospital. In most cases where people have sustained what are generally called whiplash type injuries it is necessary to have them examined by a Consultant Orthopaedic Surgeon some time later. We will also obtain any other necessary Reports relating to your injuries. For example the Orthopaedic Surgeon may recommend that x-rays will be taken or it may be necessary to obtain a Report from a Psychiatrist if you have suffered nervous anxiety arising out of an accident. Whilst the type of medical evidence will depend on the circumstances of your particular case. It is important that you would note all medical evidence that is obtained is solely for the purposes of your claim and not for treatment. It is therefore very important that you would take prompt and ongoing action yourself in connection with your injuries and continue to liase with your GP and Hospital on an ongoing basis for treatment.

How much will my claim be worth? TOP

The value of an injury claim depends on the length of time that the injury lasts for, how severe the pain is and whether or not you are left with any long term effects. When people sustain what are commonly known as "whiplash type injuries" they are normally talking about muscle injury, commonly to the neck and back areas. It often surprises someone who has never been in an accident before just how long these injuries can last for. A considerable element of the value of these claims is in the fact that these tend to be lingering injuries and we regularly have Clients who are complaining of ongoing problems more than twelve months after the accident.

You should remember that an injury claim is only worth ultimately what a Judge will award in Court for it, if it cannot be settled with the Insurance Company before then. How you give your evidence therefore, and what the Judge makes of your evidence, are also important factors in determining the value of your claim on the day.

What can I do if I am hit by an uninsured driver? TOP

The Motor Insurers Bureau (MIB) run a special scheme for dealing with untraced drivers. It has its limitations in that it does not cover all your legal fees. It has been extended to cover situation where the driver of the other vehicle is untraced but the vehicle that they were driving has been traced eg situations where they have abandoned the vehicle at the scene and run off. If, however, you are unhappy with the decision of the MIB you have the right to take the case to arbitration against them.

What happens if I have been hit by an untraced driver? TOP

The Motor Insurers Bureau (MIB) run a special scheme for dealing with untraced drivers. It has its limitations in that it does not cover damage to vehicles and they do not cover all your legal fees. If, however, you are unhappy with the decision of the MIB then you have the right to take the case to arbitration against them.

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 you have suffered injuries as a result of an accident caused by an untraced driver you will not recover all your legal fees.

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