Frequently Asked Questions - Grieves Personal Injury Claim Solicitors, Huddersfield, West Yorkshire, UK

The driver who caused my accident was not insured, can I still make a claim?
What should you do if you have had a tripping/slipping/falling accident?
What should you do following a road traffic accident?
What if you are injured in a road traffic accident and the other driver is not insured?
What if I am injured in a road traffic accident and the other driver cannot be traced?
Why should I choose a Specialist Accident Claims Lawyer to represent me?
What does the law entitle me to claim for?
Will you have to pay anything towards your legal costs?
Will you have to go to Court?
I have legal expense insurance so do I need my own Solicitor?
I have been approached directly by my opponents insurers, so do I need my own Solicitor?

The driver who caused my accident was not insured, can I still make a claim?

YES, YOU CAN.

You may be surprised to learn that not all compensation claims arising out of road traffic accidents are made directly against an insurance company. The reason for this could be because the person responsible for your accident does not have insurance or because the person has left the scene without leaving their details and neither you nor the police or any other person involved have been able to trace that vehicle.

When you are involved in an accident it is very important that at the very least you make a note of the responsible vehicle's registration number. If possible, you should also take down the driver's full name, address and insurance details.

The reason it is important to take down the registration number of the responsible driver's vehicle is that if that driver leaves the scene of the accident without giving their personal information, Grieves Solicitors have access to a database of the insurance details for all vehicles registered in the United Kingdom since 2000.

In addition, Grieves Solicitors can make further enquiries as to ownership of the offending vehicle with the DVLA and providing insurance is in place, a letter can be sent to that insurance company notifying them of the claim.

Providing the insurance is valid, that insurance company would be responsible for payment of your compensation arising out of the accident.

At Grieves Solicitors we have a dedicated team of personal injury lawyers who will do their best to obtain the compensation you deserve. If you need any advice on how to go about making a claim call us FREE on 0870 074 7644 or complete an online claim form.

What should you do if you have had a tripping/slipping/falling accident?

If you are injured in a tripping accident in a public place you should try to:

Make a note of where the accident occurred e.g. the house number and road outside which it happened

Take details of any witnesses to the incident. [Even if they are friends or relatives their evidence is still important].

If possible take a photograph of the defect that caused the incident, with something to show a scale - such as a ruler, a coin, matchbox or an object of a fixed size, or make a plan of the accident site.

As soon as practical, whilst it is still fresh in your memory, write down your version of how the accident occurred.

See a doctor for an examination even if your injuries are relatively minor.

If the injuries can still be seen (e.g. bruising, cuts etc) get a photograph for later use. This can be used as evidence of your injury.

Keep details of any clothing, glasses etc., damaged in the incident. Keep receipts for any expenses incurred such as prescription charges, over the counter medicines, traveling expenses such as necessary taxi journeys.

What should you do following a road traffic accident?

If you can, make a note of:

The names, addresses and telephone numbers of all persons who were involved in or witnessed the accident.

The make, model and registration number of all vehicles involved, including the extent of damage and whether the vehicles were still drivable.

The time, date and location of the accident.

What happened including witnesses and other drivers' versions of events.

If any person involved was physically injured or is complaining of pain and discomfort.

Draw a diagram of the accident scene showing the road layout, position of vehicles, other relevant features and witness locations.

If you have a camera or your mobile phone incorporates a camera, try to take photos of the vehicle positions and the damage.

What should I do now?

What if you are injured in a road traffic accident and the other driver is not insured?

In claims for compensation where the responsible driver is not insured, the claim would be submitted to a government funded body known as the Motor Insurers Bureau ("MIB"). The MIB would deal with the compensation claim under the Uninsured Drivers' Agreement.

A claim form would have to be completed and lodged with the MIB and upon receipt, they would investigate the claim for compensation and once the issue of liability was resolved, Grieves would then look into valuing your claim in the same way as set out above.

Your legal costs would be paid by the MIB on top of your compensation and those costs would be recoverable from the responsible driver directly. It should be noted that an excess of £300 is payable so where you are claiming for property damage, i.e. vehicle damage, the MIB would not be responsible for the first £300.

What if I am injured in a road traffic accident and the other driver cannot be traced?

If the responsible driver flees the scene and you have not been able to take down any of his/her details, you can still pursue a claim for compensation through the Motor Insurers Bureau, but it would be dealt with slightly differently in that it would be dealt with under the Untraced Drivers' Agreement.

A claim for would be submitted and lodged with the MIB and upon receipt, they would investigate the claim for compensation and once the issue of liability was resolved, the next step would be to value your claim. Under the Untraced Drivers' Agreement, the MIB make the arrangements for a medical examination. You would still need to provide Grieves with a list of expenses as this would also be recoverable from the MIB. One thing to note, however, if that the MIB do not make any award for property damage (i.e. vehicle damage) and there is an excess of £300.

You would be compensated by MIB but with the Untraced Drivers Agreement, only a contribution towards your legal costs is paid on top of your compensation, because there is no responsible driver to recover those costs from. In these circumstances, any costs over and above those paid for by the Motor Insurers Bureau would have to be deducted from your compensation. However, Grieves would ensure those costs were kept to an absolute minimum.

Why should I choose a Specialist Accident Claims Lawyer to represent me?

Personal Injury is a complex area of law so it is important that you use a Specialist Lawyer to ensure that your accident compensation claim is properly handled. You might be approached by unqualified non-specialists, sometimes in the street, who may only be interested in obtaining a percentage of your damages or in selling your claim on for a fee. They may not be interested in providing you with the best or most appropriate legal assistance for your particular needs.

These companies may be limited companies who are here one day and gone the next. They may not be regulated and may just act as middlemen, passing on your case for someone else to handle who will pay the highest price for your case.

Grieves Solicitors is regulated by the Solicitors Regulation Authority.

At Grieves Solicitors we do not take a percentage of your compensation and we are one of the few firms who specialise exclusively in obtaining compensation for accident victims. Our dedicated team of professionals has many years of experience of pursuing a wide range of personal injury claims for both physical and psychological trauma.

We occupy ground floor offices in the centre of Huddersfield within easy reach of both Huddersfield bus and train stations. There is also ample parking nearby. Evening and weekend appointments are available and we can see you at home or in hospital if you prefer.

Sometimes, the insurance company for the person responsible for your accident will contact you and try to buy you off from making a claim. Lawyers call this Third Party Capture. What happens is that your opponent's insurance company will make you a tempting offer if compensation which is often several thousand pounds less than you deserve to try and save their clients money.

If you have legal expense insurance, sometimes your own insurance company will say that you have to use the solicitors they recommend rather than a solicitor of your own choice. This is simply not true as you have freedom of choice to instruct your own solicitor. Your insurer's solicitors are usually members of your insurer's panel and will pay a fee for your claim. This will either be passed on to you or it will come off the profit that the firm is making on your case, thus meaning that only junior members of staff handle your claim.

What does the law entitle me to claim for?

Pain, suffering and loss of amenity caused by your physical and/or psychological injury. (Lawyers call this "General Damages".)
For the financial loss incurred ("Lawyers call this Special Damages".)

Although this is not an exclusive list, compensation can be awarded for;

Loss of Past Earnings and Future Earnings
Medical expenses incurred.
Care and assistance by others to you or the person injured.
Adaptations and equipment required to assist the person injured live as normal a life as possible.
Funeral expenses.
Bereavement Damages.
Pain, suffering and loss of enjoyment of life.
Future loss of earnings.
Future case management costs.
Future care costs.
Future medical expenses.
Loss of future pension rights.
Disadvantage on the open labour market.
Loss of congenial employment.
Loss of consortium.
Loss of marriage prospects.
Car repair costs and alternative hire.

Will you have to pay anything towards your legal costs?

NO, BECAUSE WE WILL BE PAID BY YOUR OPPONENTS.

You will receive 100% compensation unless your claim is a Criminal Injury Compensation Claim. This is because this is a government run compensation scheme which unfortunately does not pay your legal costs in addition to any award. In those cases we keep our costs to the minimum and advise you as the case progresses what you will have to pay us. However, in Criminal Injuries Compensation Cases, we do not ask you to pay anything until the end of your case.

Will you have to go to Court?

Settlement
Many cases will settle without the need to go to court. If you do have to go to court Grieves Solicitors will be there to guide you every step of the way.

In many compensation cases the insurers, or other representatives of the organisation you are claiming against, will settle your claim. This often happens when a company is presented with all the evidence of your case, including reports from the time and statements from witnesses and medical professionals. At Grieves Solicitors we always present a strong case, it is possible that the third party may decide it is more cost-effective for them to settle an amount with you before any court proceedings are necessary.

Court Proceedings or Tribunal
If the party of fault does not want to settle the claim, or if their settlement offer is rejected by you and your solicitor, your case will go to court. This means that both you and the party of fault will present your evidence and arguments and the outcome will be decided by a judge. You will have the opportunity to appear as a witness on your own behalf and to call other witnesses, who may include colleagues, medical professionals and anyone else you have consulted in connection with your case. Once both sides have been heard, a verdict will be given, and an amount of compensation awarded to you if you are successful.

I have legal expense insurance so do I need my own Solicitor?

Many people have legal expense insurance attached to their motor insurance which can be used for road traffic claims or household contents insurance [often attached to their mortgage] which can be used for other accidents even those outside the home. This is good news for many people and enables them not to worry about legal fees. However, many of these legal expense insurers have Panels of solicitors who pay the legal expense insurer for these claims to be passed on to them. This generates extra income for the legal expense insurer. Usually the Panel solicitors are based far away from the place where the accident occurred and have no real understanding of the local environment which can be very important for example if the layout of the road is important in a road traffic accident. It also means that if you instruct a Panel solicitor it is unlikely that they will be based in your area and so you cannot visit the Panel Solicitor regularly at their office and much of the contact with the Panel Solicitor is via anonymous phone calls or letters.

Another problem is that the legal expense companies try to say that you cannot use any other Solicitor other than the Panel Solicitors, which is incorrect as you always have freedom of choice to instruct the lawyer of your choice.

If you or your family or friends have been unfortunate to have an accident, we would be happy to accept your instructions. We can visit you at home, hospital or office at a time and place convenient to you. Just give us a call on 01484 300192.

I have been approached directly by my opponents insurers, so do I need my own Solicitor?

As you know, we are one of the few firms in the Huddersfield area who specialise exclusively in personal injury claims. We do not deal with any other areas of law such as conveyancing or wills but have a wealth of experience and expertise in dealing with accident claims. Helen Grieves, our founder, is a member of the Law Society Personal Injury Panel and a Senior Litigator Member of the Association of Personal Injury Lawyers. Even if you, your friends or relatives already have an accident claim with another firm of solicitors it is possible for them to transfer their files to us at no cost to them.

It is important to beware of 'third party capture'. What happens is that insurers acting for the guilty party who has caused an accident will try and buy off your claim. How do they do this? They will approach someone who has had an accident direct and offer them a settlement straightaway which may be far below what their claim is actually worth. Why do they do this? To save themselves money. They know that if the injured party consults a Professional, that Professional will fight tooth and nail to obtain for their client the maximum compensation they deserve. This is what we would do if we were instructed to deal with your compensation claim.

The guilty party’s insurers on the other hand are only interested in saving money and will often make an offer far below what the injured person deserves, often without obtaining medical evidence. Medical evidence should always be obtained. Why is medical evidence necessary? Medical evidence will shows the extent and duration of the injury and indicate whether or not there will be any problems in the future from the accident e.g. arthritis from a fracture which may prevent someone from working at some time in the future.

Unfortunately, people who have had accidents are enticed to accept an amount of compensation which is often far below what they deserve.

It is important not to accept any offer without consulting a Solicitor to ensure that you are receiving the amount of money you deserve. We can guide you through the compensation process and obtain a settlement you really deserve so don't hesistate to contact us on 01484 300192.