Auto Trader

You can make a claim following an accident if the other driver was fully or partially responsible. You can claim for the following:

 1. Repairs to your vehicle
 2. Your Insurance Policy excess
 3. Loss of earnings
 4. Damage to your property
 5. Transport costs, such as taxi fares, or the reasonable cost of hiring a vehicle
 6. Personal injury

Although you can claim yourself, in most circumstances you should get specialist help. For more information, see "What it Could Cost You".

In cases involving an injury, there is a 'protocol' which must be followed by both your solicitor and your opponent to ensure the case is dealt with as quickly and efficiently as possible.

Your solicitor would first write to your opponent holding them responsible for your injuries, stating why they hold your opponent responsible, and summarising your injuries and expenses. Your opponent or their insurance company must acknowledge receipt of that letter within 21 days.

If your opponent is insured, then the insurance company will normally take over the claim. Within three months they must confirm whether or not they will settle the claim. Straightforward cases are normally settled quicker.

Your solicitor and your opponent's insurer will usually attempt to agree upon a choice of medical experts to examine you and prepare a report detailing your injuries, the treatment that you have received and your prognosis.

Upon receipt of that report, it is often possible for your solicitor to advise you as to the value of your claim, and proceed to negotiate settlement with your opponent's insurers.

If it isn’t possible to reach an agreement as to who was responsible for the accident, or to the value of your claim, then the issues could be decided at a court hearing.