Monday May 12th 2008  

The Law Society
Personal Injury Panel
Motor Accident Solicitors Society

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Road Traffic Accident


Personal Injury Claim :-

  • Guaranteed 100% Compensation.
  • Do you want the full non fault service of protecting your insurance record, premiums and avoiding any excess on your policy?

Full Non Fault Service :- Procedure :-

  • One call to our freephone or office number will result in an immediate assessment of your claim. Providing we believe there is a high prospect of success we will accept your claim and progress it immediately.
  • Collection of information – we will help you to complete a conditional fee agreement (which guarantees no win no fee) and the other questionnaires which contain all the information we need to progress your claim and forward the agreement to you.
  • Non Fault Service – if you require a full repair, hire car or other non fault services we will contact an appropriate hire company on your behalf and arrange for these services to be provided. The hire company will forward an agreement for you to sign prior to their discharge of the hire or repair costs.
  • We will submit your claim to the other driver’s insurers.
  • The other driver’s Insurers should admit liability and acknowledge receipt of your claim.
  • Medical evidence – depending on your injuries we usually have to wait 3 or 4 months after your accident before obtaining medical evidence.
  • We will instruct a Doctor or Consultant on your behalf. You will need to visit him on one occasion for a brief examination and he will ask you a number of questions about the accident and any pain you have suffered. There is no need to worry about this procedure as it is brief and designed so that the Doctor can be sure that the injuries are not worse than you thought and to determine how long any pain or suffering is likely to continue.
  • Medical Report – the Doctor/Consultant will read a copy of your medical notes provided by your Doctor and provide a written report. The important part which affects your damages is how long he thinks it will take you to recover.
  • Medical Report disclosure – once we have received the medical report we will forward a copy to you. Once we receive your confirmation that you agree the contents we will discuss with you the level of compensation we believe you should receive. We will return to the other drivers insurers and request a sum which we believe should cover your personal injury claim.
  • NB – We will also pursue any other claims you might have for loss of earnings, repair, hire, storage and recovery etc.

Negotiation :-

  • Insurers usually offer a very low sum and are persuaded to raise their offer over a period of time during negotiations. Insurers are aware that many clients are prepared to accept a lot less than their claim is worth to settle the matter quickly. Be advised that you should allow us 6-10 weeks ( after we have received the medical report) to negotiate the best possible compensation.
  • Acceptance of an offer of compensation – providing the insurer has been reasonable and offers a reasonable sum the offer is accepted.
  • Cheque – we forward the compensation as soon as possible after it is cleared in our account.

Legal Costs :-

  • After you have received all of your compensation we will seek our costs and disbursements from the other driver’s insurer. Occasionally we may need to contact you for some further information.
  • We confirm to you when your case is finally closed.

Time Estimate :-

  • Most simple whiplash claims are completed within 9 months. More complex or serious claims can take considerably longer.
  • The above estimates cannot be guaranteed. Sometimes claims settle much earlier and sometimes they can take longer. The main factors which can delay settlement include the following:-
    • Liability disputed by the other driver’s insurer.
    • Other driver’s insurers fail to respond to letters or calls.
    • GP’s fail to send on to the Doctor/Consultant a copy of your medical records.
    • You fail to return forms in good time or respond with further information where requested.
    • Some of the best Consultants who provide the best reports are very busy and can get overbooked particularly in the summer. This causes delay.

Compensation Levels :-

  • Standard whiplash injury - £1,500 – £3,000 average.
  • Other injuries – depends on the specific circumstances.

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© Winn Solicitors 2008 Freephone: 0800 917 8177