Claims for compensation following a car accident can be made up to three years after the accident occurred or three years after you discovered the injury was linked to the accident – whichever date is later.
Read our guide below to understand your legal rights or contact us for a free claim consultation.
If you’ve been injured in an accident on the road then you might be thinking of making a claim for compensation.
Claims for compensation following an accident can be made up to three years after the accident occurred or three years after you discovered the injury was linked to the accident – whichever date is later.
The exception to this rule is for children. Any injuries suffered by children can be claimed for up until their 21st birthday; three years after they turn 18. Even if the child was only a baby, the claim can begin up until that point.
However, we would always recommend starting your claim as soon as you are aware there is an injury as it’s easier to prove the direct link between the accident and the injuries suffered.
Sometimes with cases such as asbestos poisoning, the illness and injury can occur many years after the accident or exposure. In this type of situation you would have three years from the date you are told the injury or illness was caused by the accident or exposure.
We would always recommend starting your claim as soon as you are aware there is an injury as it’s easier to prove the direct link between the accident and the injuries suffered.
In the vast majority of cases you will notice your injuries immediately or in the case of whiplash and soft tissue injuries, symptoms can take several days to develop. In all these cases it’s usually straightforward to attribute the injury to the accident and this means that the three year time limit would apply from the accident date.
Do I Need To See A Doctor?
If you’ve been injured in an accident on the road, at work, or in a public place then it’s important to seek medical advice as soon as possible so make an appointment with your GP or visit your local hospital for serious injuries.
When we make your claim for compensation we need to provide medical evidence and have a medical expert opinion on the extent of your injuries. This enables us to properly value your claim for the purposes of presenting it to the insurers.
Why Should I Use A Solicitor?
We recommend using a specialist personal injury law firm such as Bott and Co as we have a proven track record of recovering many times more compensation than the insurers offer to victims direct.
This is because we are 100% independent from any insurance company and our highly skilled legal team have many decades of experience in taking claims all the way to court if necessary, to secure you the maximum possible compensation for your pain and suffering.
Do I Need To Pay Anything?
Our no-win no-fee service protects you from any financial risk in making a claim for compensation. We cover all the upfront costs and we make sure you are protected in the rare occasion we don’t win your claim with our After The Event (ATE) insurance policy. This means you won’t be liable for the other side’s costs should we not win the claim.
Considering our 99% success rate over more than a decade of handling tens of thousands of claims from simple whiplash to fatal accidents, we are extremely confident of securing all the compensation you are entitled to under law.
What Can I Claim For?
When we present your claim to the insurers we will put forward any medical evidence to support our valuation of your injury claim. There are guidelines set by the Judicial Studies Board (JSB) to cover all types of injury and the insurers will try to negotiate these figures down while we will argue the case for the highest possible amount that you’re entitled to.
Compensation for your physical injury plus any psychological trauma or mental injuries are called General Damages. In addition we can claim for Special Damages which include:
- Loss of earnings
- Vehicle hire and repair costs
- Travel or taxi fares
- Damage to personal possessions
- Physiotherapy or other rehabilitation
- Any other costs that you wouldn’t have incurred if you hadn’t had an accident
The purpose of the compensation is to put you back to the position you were in before the accident and injury. For possessions and other Special Damages this is usually easy to prove. When you’ve been hurt then financial compensation is awarded as there is no other way to compensate for pain and suffering. You shouldn’t feel guilty or awkward about receiving this compensation as the law has determined you are entitled to it.
What To Do Following An Accident
If you’re in the unfortunate position of being involved in an accident that wasn’t your fault then there are a number of steps you should take.
If it’s a road traffic accident claim then you might need to do some or all of the following:
- Contact the emergency services
- Exchange details with the third party/other driver/witnesses
- Take photographs of the accident and surrounding area
- Contact your insurers to inform them of the accident
- Call Bott and Co to get free independent legal advice on making a claim
- Visit your GP or hospital if you didn’t immediately after the accident
Remember that although you have up to three years to make a claim, it is usually much easier to claim compensation if you speak to us as soon after the accident as possible.
Our legal team is on hand to offer you free advice on whether or not you can make a claim and how much you can expect to receive. Call us today on 01625 415850 or complete our online claim form and we’ll call you back.