If the driver of the vehicle which caused the accident is uninsured then
you will still be able to bring a claim against him or her. What can often
happen is that the driver may think that he is covered by insurance but
when a claim is made against him it is discovered that he has
misrepresented or failed to disclose something to the insurance company
who insure his vehicle. In those circumstances, you would still be able to
claim against the driver and his insurers may well have to meet that claim.
To be safe you should report the accident to the police within 5 days of
the date of the accident. You must make a note of the time you made the
call, the date, the name and number of the police officer you spoke to and
most importantly, THE CRIME REFERENCE number.
However, if someone is driving a vehicle with no insurance whatsoever, then
there is an obligation on the MIB to deal with the claim brought by you. The
obligation is again hedged with conditions and it is important that those
conditions are complied with if you are to succeed in the claim. The MIB are
able to refuse to deal with the claims if they are not properly conducted
in accordance with their conditions which are weighted heavily in favour of
the MIB. We will be able to advise you on request. The MIB will deduct
£300.00 from all damages before making payment to you.
We would strongly recommend that you instruct us in this type of claim due
to the terms and conditions imposed by the MIB. Please note that if you are
comprehensively insured, you will be obliged to claim your vehicle damage
from your own insurance company.
We can further assist you with the following information:-
Accident not your fault ?
Providing that the accident is clearly not your fault, we will act for you under
the terms of our Conditional Fee Agreement. This will ensure that you
have no legal costs to pay. These will be recovered in full from the other
party.
Legal Expense Cover
Sometimes, you will find that you already have legal expense cover to
bring a claim. Please remember that it is your right to choose a Solicitor
that you wish to represent you in the conduct of your claim. You may use
the Solicitors that will be nominated by your insurance company but
clearly their obligation will be to the insurance company who refer the
work to them.
They will be obliged to advise the insurance company on the progress
of the claim and it can happen that the insurance company who insure
you for legal expense cover on your vehicle will be linked to or even
owned by the insurance company who insure the vehicle which caused
the accident and then, there will clearly be a conflict of interest.
Independence
We are totally independent and will be your Solicitor acting in your
interest. We believe that it is in your interest to instruct your own Solicitors
who are independent of insurance companies.
Expertise
We are members of The Law Society Personal Injury Panel and have
been vetted by The Law Society to ensure that we can deal with personal
injury claims to the highest standards. We have recovered millions of
pounds for thousands of clients and have been dealing with personal
injury claims for over 30 years.
We are also founder members of the Motor Accident Solicitors Society,
the largest group of Solicitors specialising in recovering maximum
compensation for road traffic accident claims in the United Kingdom.
Replacement of Hire Car
Subject to liability, we will be able to arrange a hire car whilst yours is
being repaired. This will be subject to the hire company being satisfied
that your claim will be successful and the arrangements for the hire will
be between yourself and the hire company. Often, the hirer that we refer
you to will await payment of their hire charges. Please note that
whenever you take a hire vehicle on our recommendation you remain
primarily responsible and liable for the hire costs whatever the outcome
of the claim and that you should appreciate that before entering into any
arrangements with the hire company concerned.
Engineers Assessment
If you are insured on a third party fire and theft basis and your car is
damaged then it will normally be necessary to have an engineer inspect
your car. We use a nationwide firm of engineers who can get out to your
car quickly to examine it and give a full report on the cost of repairs.
Loans to Repair your Car
If you find yourself in financial difficulties with regard to the repair to the
car then we can arrange a loan to assist you or an interim payment from
the Defendants to repair your vehicle. This will be subject to liability
and will be on the basis that the loan will be repaid out of any damages
that you recover.
Damages to be Recovered
Please note that we are fully conversant with all heads of damage to
which you will be entitled and will include the following in the claim:-
-
Other losses that might be necessary to include such as if you
are away from work for a considerable amount of time then this
may effect your pension, also you may find that your job
prospects are effected. There are a number of technical heads
of damage which you will be fully advised of as appropriate.
PLEASE REMEMBER THAT WE CAN ACT FOR YOU ON A
“NO WIN NO FEE” BASIS IF WE FEEL THAT YOUR CASE HAS
A GOOD CHANCE OF SUCCESS.
This means that we will recover costs from the other party.
BE WARNED
A lot of accident management companies who claim to have expertise in the
conduct of personal injury claim are simply selling your claim to Solicitors.
Often, they will require you sign credit agreements to obtain expensive
insurance which would not be recoverable from the Defendants and will
have to come out of your damages. Some companies even make
administration charges and take a percentage of the damages for dealing
with the claim. This will not happen with ourselves as we have the experience
and competence to properly deal with the claim that you make.
or
use our accident assessment form
or
e-mail:legal@bellandco.co.uk