The Claims Process – All You Need to Know
What happens when you decide to make a claim? What are you responsible for and how will we help to realese the claims process ?
Claims Process At Gowing Law
Worried about making a claim or how the claims process working ? At Gowing Law, we will help you through the process and talk you through any important decisions that you need to make. We will need you to attend a medical appointment with a local doctor so we can build up a picture of the injuries suffered in this accident. Other than that, you can usually leave the rest to us! If we need any further information from you, we will of course let you know.
Worried about making a claim? At Gowing Law, we will help you through the process and talk you through any important decisions that you need to make. We will need you to attend a medical appointment with a local doctor so we can build up a picture of the injuries suffered in this accident. Other than that, you can usually leave the rest to us! If we need any further information from you, we will of course let you know.
I’ve got plenty of time, why should I make a claim now?
Although you have three years in which to make a claim, the sooner you start the better. The chances of a claim being successful tend to reduce over time. It’s easy to contact us and get our legal experts working on your case. You can request more information through our website’s contact form or you can contact us direct on 0161 808 8888.
Notifying a Claim
Once you have contacted us and an agreement is in place for us to progress your claim, your appointed Claims Handler will notify your opponent and their insurers of your claim, providing them with sufficient information to enable them to investigate your accident and place a broad valuation on your claim. Depending on the type of claim being brought, the claim is normally acknowledged by the insurers within the first 21 days after which they begin to carry out their investigations.
There are protocols in place for parties to follow for most types of accident which set out how long your opponent has to investigate to your claim. The investigation period depends on the type of claim being brought and whether your claim stays in the fast track ‘MOJ Portal’ process, an online process designed to speed up the resolution of claims. Broadly, the investigation periods are as follows:
|Claim Type||Investigation Periods|
|Portal Process||General Process|
|Car Accidents||21 days||90 days|
|Motorbike Accidents||21 days||90 days|
|Workplace Accidents||42 days||90 days|
|Pedestrian Accidents||21 days||90 days|
|Cycling Accidents||21 days||90 days|
|Accidents in Public Places||56 days||90 days|
|Beauty Claims||56 days||90 days|
|Hairdressing Claims||56 days||90 days|
|Holiday Claims||na||180 days|
|Criminal Injuries Claims||no prescribed time limit|
|Product Liability Claims||56 days||90 days|
|Medical Negligence Claims||na||90 days|
|Scottish Claims||na||90 days|
At the end of the investigation period, your opponent is required to either admit or deny their liability to compensate you. If they admit liability, then matters can normally be resolved relatively quickly. If they deny liability, we will then talk to you about the evidence we need to fight your case.
While your opponents are taking steps to investigate your claim, as detailed above, we will arrange for you to be seen by a local medical expert and for a report to be prepared detailing the nature of the injuries you suffered; the impact they have had on your life and your ability to work and the likely prognosis period. If it is likely to be beneficial, the medical expert will also recommend treatment which we can then typically put into place on your behalf. We will also liaise with you over any financial losses you might have suffered as a consequence of the accident to ensure that we have the evidence to support any losses you have suffered. Once we have all of this evidence, we will be well placed to advise you on the likely level of compensation that you will recover. The amount is specific to you and to your case except for compensation for Criminal Injuries, where the about you recover is been fixed the Government.
Negotiations Take Place
Once the Investigation Period has concluded and we have the evidence we need to fully support your claim, we will then attempt to achieve a negotiated settlement of your claim. If we can negotiate the right level of compensation for you, matters can be resolved at this stage failing which we will take steps to start formal legal proceedings on your behalf. Even if proceedings are required, very few cases end up having a Court Hearing and most Court Hearings are now dealt with on paper without the need for you to attend. We will only need you to attend if there is a significant dispute around the circumstances of the accident or if your opponents refuse to admit that any injury, at all, had been caused by your accident. The chances of your case ending up at a full hearing and you being required to attend are significantly less than 1%. If it does happen, we will of course support you through the process and ensure that you have plenty of opportunity to consider matters with your barrister beforehand.
The Claim is Resolved
Once concluded, we should receive your compensation within 3 – 4 weeks. Occasionally, it takes longer and separate Enforcement proceedings are required to force the payment. As advised elsewhere if your claim is successful, Gowing Law will deduct a maximum of 25% from the compensation awarded together with any After the Event Insurance premium. If you lose but you have kept to the terms of the no win no fee agreement and ATE insurance policy, you will pay nothing.
What Should I do Now?
If you have any further questions, complete our enquiry form or contact us for further advice on 0161 808 8888.