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There are many circumstances in which you can claim compensation
if you have had an accident. However, it is important to remember
that sometimes an accident is just that - an accident! In
most circumstances in England & Wales you can only claim
compensation if someone is legally to blame
for your accident.
You must also have suffered some actual loss: damage to
your bike and equipment and/or injury. Under English law
you cannot
claim just for the nasty experience of being involved in
an accident. However, if you do have a valid claim, many
people are surprised to find that they don’t have
to be seriously injured to be able to claim. Although we
deal with some very serious injury claims, we also deal
with numerous minor ones - you may be surprised at just
how much a few cuts, bruising and aches are worth. Contact
us for advice if you are in any doubt about whether you
have a claim and how much it may be worth, and see our small
claims page.
There are many different circumstances where someone
may be to blame for an accident you have suffered. We have
tried to give some general advice below about the types of
accident you may suffer. If in doubt, please feel free to
e-mail or telephone us for advice about whether you may have
a claim.
Time Limits
One of the most important things to remember is that, in
most circumstances, you only have three years from the date
of your accident in which to issue court proceedings. After
that time, you will probably be prevented from bringing
a
claim. It is therefore vital that you seek advice as soon
as possible, as there may be a lot of work to be done before
a claim is ready to be presented to a court. If you leave
it too close to the limit, you may find that we (and many
other solicitors) will decline to deal with your claim if
we feel that there is too much to be done before the deadline.
See also What
if the other driver is uninsured.
What if fault for the accident isn't clear cut?
We
will still offer advice and assistance on a 'no commitment'
basis. Even if the accident is partly your fault, you may
still be able to claim subject to contributory
negligence. If you think you may have a claim, please
call or e-mail us - we will offer frank advice, with
no legal
jargon, and you've got nothing to lose.
What does it cost?
If we are satisfied that you have a good potential claim,
we will deal with it on what is frequently called a 'no
win, no fee' basis. You will not have to pay out any money
to pursue your claim.
The official name for this agreement is a conditional fee
agreement. The general rule in civil court cases in England
and Wales is that the loser in the case pays the winner's
legal fees. In other words, if you win your case, the other
party (or, more usually, their insurers) will not only pay
you compensation, ("damages"),
but will also pay our fees incurred in pursuing the case and
the disbursements, (such as court and barristers' fees etc).
Conditional fees do not change this basic system, they just
mean that if you lose your case, we will do not get paid for
the work we have done. This can be a substantial amount, and
so we are also taking a risk and therefore have to be satisfied
that you have a good claim.
In return for taking the risk of not being paid for the work
we do, we are entitled to charge a success fee if you do win.
The success fee is calculated as a percentage of our bill.
The success fee is also payable by the other party not
by you. Effectively, therefore, although a success
fee is charged, you will not have to pay it and we will not
deduct anything from your compensation (except for untraced
driver claims)
What do I need to do?
Just
complete the online
accident form. We will respond within 2 working days
telling you if we think you have a good claim and whether
we are willing to take it on. There is no obligation at
that stage. You then tell us if you wish to proceed and
at that stage we will formally accept your claim and will
write to you confirming and sending full information.
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