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Veitch Penny - Personal Injury

Home arrow FAQ's arrow Can I Claim?
Can I Claim?

First and foremost we will need to establish whether you are able to claim, not just from an entitlement point of view, but whether presenting a claim would give a positive outcome. If you have been involved in an accident in the last 3 years (longer if the injured person is a child) and it was not your fault, then yes, you can make a claim.

We have included a number of frequently asked questions or common concerns presented to us by our clients, which may help you decide whether you are able to make a claim. If there is any doubt whatsoever then please get in touch for a no obligation discussion with one of our legal professionals. 



I actually think I was partly to blame. Is that it? PDF Print E-mail
If someone else was 100% to blame you would recover all of your compensation. If you were partly to blame the amount you receive will be reduced pro-rata. This means that even if you were 80% to blame you should still be entitled to 20% of your damages. You will have to decide if there is enough at stake to make it worthwhile and we will be able to guide you.
 
The other driver wasn't insured! Can I still claim? PDF Print E-mail
If the person who caused your road traffic injury turns out not to have been insured then the Motor Insurers' Bureau (MIB) can be made to pay your compensation instead, under their Uninsured Drivers Scheme. It's a complex system but we'll guide you through the maze.
 
I was a passenger in my boyfriend's car, and was injured in a collision caused by him. Can I claim? PDF Print E-mail

We often handle cases just like your own, many of our clients feel they are unable to make a claim because their partner was at fault or caused the collision and are worried about the reaction their partners may have to a claim against them. Your boyfriend has paid for car insurance so that his passengers can make a claim against him if appropriate. If the collision was his fault he will already have put his no claims bonus at risk. A claim by you will not cost him anything extra. You will not be causing him any more trouble by making a claim!

 
My partner and I were involved in a collision, which was not our fault. Can I add her to my claim? PDF Print E-mail
If your partner was injured then they will have a separate claim. Passengers or pillions may need to claim against all drivers so as to avoid getting involved in arguing about fault. As long as you don't blame each other we will be happy to represent both of you, but if there is any doubt you may need to have different solicitors.
 
What if my collision was over 3 years ago? PDF Print E-mail

An adult's right to claim injury compensation in England and Wales will normally expire if it has not been settled or presented at court within 3 years. In only limited circumstances will the courts allow extra time.

Your teenager may not appreciate being called an infant, but that is the term used by the courts for anyone under 18! The time limit for infants is extended until their 21st birthday.

If you are currently under the age of 18 and wish to make make a claim, you will need an adult litigation friend (usually a parent or guardian) to act on your behalf.
 
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Did you know?

Summary figures for 12 months to end March 2007 show car user casualties have reduced by 4 percent compared with the period ending March 2006
 

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