Car Crash Claim
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Car Crash Claim Glossary
Burden of Proof
In order to make a claim for compensation, the prosecution have to prove the alleged responsible party was negligent, consequently causing your injuries.
CICA
The Criminal Injuries Compensation Authority helps victims of violent crime who have been physically or mentally injured, as a result of an attack. For further details about the scheme please contact us on 0800 2800 979 or visit www.cica.gov.uk.
Claim
This relates to your request for financial compensation for your personal injury and any other relevant losses such as damage to clothing, loss of earnings, medical fees and travel costs. In order to make a claim for personal injury, the crash needs to have occurred in the last three years and caused through no fault of your own. You also need to have sought medical treatment for your injuries and suffered for at least six weeks.
Conditional Fee Agreement
This is basically the formal terms for the expression no win, no fee. This allows the solicitor to act on your behalf when there is no other form of funding available i.e. Legal Aid which was abolished in 1998 or when the client does not have Legal Expense Insurance.
Duty of Care
This has a wide definition depending on the nature of the case being made. In simple terms it refers to the obligation that a sensible person in such circumstances would have made when acting towards the public. If the actions of the party involved are not made with care, caution, attention or prudence, the courts may consider it negligent behaviour. Therefore damages may be claimed in a legal process due to the negligence of the third party.
General Damages
Such damages are awarded in relation to the injury sustained and are consequently assessed by the courts or negotiated as part of the settlement. Such issues as the type of injury, the amount of pain and loss of earnings will all be considered when settling the case.
Limitation
This refers to the amount of time needed by the panel solicitor to complete the case before liability runs out. Even though a personal injury claim can be made within three years of the crash, in most cases a minimum amount of time is required to settle the case.
Legal Expense Cover
This may be included in your motor insurance policy, if it was purchased when you took out your cover. It may be that the policy does not cover personal injury or there may be a conflict of interest, whatever way you are not obliged to use the cover to pursue a claim.
Liability
In order to successfully claim for compensation, it must be proved that someone else was liable i.e. at fault.
Litigation Friend
For a claimant under the age of 18 years old, a litigation friend must pursue a claim for compensation of their behalf. This is usually a parent or guardian, unless they were involved in the same crash, whereby a family friend, close relative or social worker can act on their behalf instead.
Medical Examination
Following your claim for compensation, a medical examination is necessary to provide evidence for your case. This requires you to attend a medical with an independent doctor, arranged at your convenience and in your local area. The doctor will then write a report which the solicitor will use to pursue your case.
Motor Insurers Bureau (MIB)
The MIB deals with claims where the responsible party is uninsured or not traced and consequently awards compensation to the injured party. However if you are insured comprehensively you cannot pursue a claim using the MIB as an alternative to claiming on your policy.
Negligence
To claim against another party, they must have been negligent or in breach of their duty of care. Personal injury must have been sustained as a direct result of the negligence or breach of care.
No Win, No Fee
A popular and easily understood slogan that describes the nature of the costs involved in claiming compensation. Basically if you do unfortunately lose your case, you would not have to pay anything unless the case was found to be fraudulent. Injuries Direct guarantees all our panel solicitors work under such an agreement.
Settlement
The outcome of the claim which basically outlines the amount of compensation you will receive. This is decided by the courts or through negotiation with the party at fault.
Special Damages
This relates to other specific damages including replacement clothing, loss of earnings, medical expenses (including the cost of private treatment) and the cost of hiring and/or repairing the damage to your car. Such damages are paid for actual financial loss caused by the crash up to the date of the hearing.
Third Party
This is an expression used to describe the other party involved in the crash.
How can I make a Car Crash Claim?
If you have been involved in a Car Crash and you would like to make a Compensation Claim, you can call our Car Crash Claim line on 0845 519 7798 or complete our online Car Crash Claim Form to speak to one of our friendly claim advisors.
Whats my claim worth? You can look at our Compensation Guide to see what your claim may be worth