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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Motor accident claims court proceedings

    Motor Accident Claims Court Proceedings and You

    Car accident claims must all follow a set process, laid down in the Civil Procedure Rules, and which apply whether you are representing yourself, or a personal injury specialist such as Accident Advice Helpline, is acting on your behalf.

    Laying the Foundations

    You will need to make sure that you have supporting evidence for any car accident claims before you start any motor accident claims court proceedings. This includes notes on what happened, when and where, as well as details of any witnesses, and medical reports from your own doctor. You will also need to confirm with your solicitors, or through your own research, that you have a credible claim. The best way to do this is to check against previous personal injury cases. If you decide that you have a cause of action, your car accident claim must be brought within 3 years of the incident (or within 3 years of a diagnosis of your injury).

    Pre-Action Protocol

    The next steps are laid down in the so-called Pre-Action Protocol, which all claimants must follow. The first step is to send two copies of a ‘letter of claim’ to the person whom you are suing. This must contain certain key points, including details of your injuries, the facts of the claim, and a request for the details of any insurer that may be involved. The defendant is obliged to respond to this letter within 21 days, and if an insurer is involved, liability must be admitted or denied by them within a set time period. This is usually within 4 months of the letter of claim being received.

    Settling Your Case

    The most common outcome for personal injury claims is settlement. If liability is accepted by the insurer, they may still not agree with your estimate of the damages, and negotiation may ensue. This can be done informally or through a binding legal process known as Part 36 settlement. Under Part 36, either party to the claim may suggest a binding amount of money to settle the matter. If this is refused, and the claim then goes to court and a lesser amount of damages are agreed than is suggested in the Part 36 offer, the refusing party is usually required to pay the costs of the other.

    Motor Accident Claims Court Proceedings – Damages

    Should liability be denied, or if the amount of damages is still under dispute, you may end up in court. For relatively small amounts of money, this is likely to be your local County Court. For large or complicated claims, it may be the High Court. In either circumstance, the presiding judge will now be in charge of the process, and will set down a timetable for proceeding to trial. At this point, your solicitors are likely to employ the services of a specialist barrister. If you are representing yourself, you can either continue as a litigant-in-person, or investigate the many available options for professional help.

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    Give Accident Advice Helpline a call now on 0800 689 0500 or 0333 500 0993 from a mobile phone. Why not take the 30 second test online now to find out an estimate of your potential claim’s worth in half a minute.

    Date Published: 4th August 2013

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority with licence number 591058 and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.