What is the best way to claim for personal injuries when you have an accident that is not your fault?
Thank you to Tim Kelly for this guest post
When you have you an accident that is not your fault , in the eyes of the law, you have been subjected to a civil wrong that is called a “Tort”. This means that you are the “injured party” and have suffered losses as a result of someone else’s negligence.
These losses could be:
Damage to your car, loss of use of your car, or you now need a credit hire vehicle, loss of earnings, or could even be for a personal injury claim.
It can be very confusing working out the best way to claim, as excluding the damage to your car ( if you have a fully comprehensive policy) all of the things above are not covered by your insurance policy.
Those items above not covered by your insurance are called “Un-insured losses”.
What is the best way to claim these “Un-insured losses?” and more importantly “Personal Injuries”
Had you have asked me this question ten years ago, I would always have advised you that there was no reason to buy “legal expense insurance” as it was a “sham”. It rarely got used, it was just a mechanism to capture information and pass you on to claims management companies.
However , I would now advise you to purchase “legal expense cover” as long as it is an “insurance product” that covers the cost of paying a solicitors legal fee’s.
What has changed regarding insurance and personal injury claims?
The whiplash reforms contained in the Civil Liability Act 2018, announced by the Government as long ago as November 2015, have now been implemented with effect from 31 May 2021. Previously, any claim being made where the claim was being made for more than £1000.00 then the legal fees for your solicitor could be claimed.
As a result of the whiplash reforms, (brought out to reduce fraud , or deny you of your lawful entitlement to legal representation, which ever you believe more!) this threshold was increased to £5000.
As most whiplash claims are less than this, you are now unable to claim your legal fee’s for whiplash claims.
Should you now wish to pursue a whiplash claim, you need to do so via the CLAIMS PORTAL
Even if you are a seasoned professional, dealing with personal injury claims, It can be very hard to navigate, and if you are “un-represented” , at the mercy of the system and the other party.
More so if you have injuries where compensation is MORE than £5000.
Insurer’s have actively petitioned government to stop YOU from claiming what you are LEGALLY entitled too, by denying you access to legal representation!
Using a no win no fee claims company if you didn’t take out this insurance
Should you have not taken on “legal expense insurance”, you can use a “no win no fee claims company” but these have now pretty much disappeared, they absolutely will not help you claim for whiplash, only assisting in the provision of a credit hire car or credit repair. They can no longer earn a referral fee for passing whiplash claims on, so derive no profit from it.
Should you find a “solicitors” that work on a “no win no fee basis”, they will only act on your behalf to claim for personal injuries over £5000, not under. Again, unless you pay them, they will not help you claim for whiplash free of charge.
Instruct legal professionals to help with personal injury claims
Always purchase legal expense cover! But make sure that it IS an insurance product that covers the cost of your legal fee expenses, and not just for “Claims management” or “Credit hire”.
You only need to purchase the one policy, so if you own more than one car, you can use it on both, but if for example you are a couple, I would suggest each of you purchase a policy in your name.
See “Whiplash reforms” for more detail on changes.
Damages for whiplash injuries
2.—(1) Subject to regulation 3—
(a)the total amount of damages for pain, suffering and loss of amenity payable in relation to one or more whiplash injuries, taken together (“the tariff amount” for the purposes of section 5(7)(a) of the Act), is the figure specified in the second column of the following table; and
(b)the total amount of damages for pain, suffering and loss of amenity payable in relation to both one or more whiplash injuries and one or more minor psychological injuries suffered on the same occasion as the whiplash injury or injuries, taken together (“the tariff amount” for the purposes of section 5(7)(b) of the Act), is the figure specified in the third column of the following table—
| Duration of injury |
Amount – Regulation 2(1)(a) |
Amount – Regulation 2(1)(b) |
|---|---|---|
| Not more than 3 months | £240 | £260 |
| More than 3 months, but not more than 6 months | £495 | £520 |
| More than 6 months, but not more than 9 months | £840 | £895 |
| More than 9 months, but not more than 12 months | £1,320 | £1,390 |
| More than 12 months, but not more than 15 months | £2,040 | £2,125 |
| More than 15 months, but not more than 18 months | £3,005 | £3,100 |
| More than 18 months, but not more than 24 months | £4,215 | £4,345. |
About Tim Kelly
Tim Kelly is a highly qualified Independent Engineer (MSOE, MIRTE, CAE, Associate IMI,Former member Qualified through the Institute of Automotive Engineers Assessors as M.IAEA, Former F.I.E.A, Eng Tech through IMI, Eng Tech through Society Of Operation Engineers) with over 30 years’ experience as an Engineering Assessor of damaged vehicles. He is a former director of the Institute of Automotive Engineer Assessors and is a past council member. He is also a former member of the Fédération internationale des Experts en Automobile.
He is a Member of the Society of Operations Engineers, Member of the Institute of Road Transport Engineers, Certified Automotive Engineer, Eng Tech, Associate of the Institute of the Motor Industry.
He has expert knowledge of the insurance industry, the law relating to it and is recognised in court as a qualified and experienced professional witness.
Tim started the website Motor Claim Guru after spending many years advising friends and family, as well as offering support on various car forums. He realised there was a need to educate the consumer around the minefield of motor insurance.
Find more about Tim and MotorClaimGuru
Tim and MotorClaimGuru on The Complaining Cow
What you need to know about vehicle insurance guest post by Tim Kelly
Tim Kelly MotorClaimGuru insurance expert on The Complaining Cow Consumer Show
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2 Comments. Leave new
Hello. Can you advise if residents in N Ireland have the option of an alternative arrangement?
Please contact Lee