The car driver in my motorbike accident is denying they were at fault, what should I do?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    The car driver in my motorbike accident is denying they were at fault, what should I do?

    Quite a large percentage of compensation cases are settled before they actually reach the court. This is because, in a lot of cases, it is clearly obvious who is to blame, and the opposing parties realise it would be a waste of time and money to go through the courts. Sometimes, however, it’s a little bit more complicated. Whilst you may feel certain in maintaining that the accident you were involved in wasn’t your fault, the driver of the car who hit your motorbike might insist that you were driving recklessly, in which case it will be a question of which side can present the most convincing case to the court.

    The website for the PCS union has a fairly detailed account of what you should do in the event of an accident at http://www.pcs.org.uk/resources/personal-case-and-legal-support/personal-injury/road-traffic-accidents, and this lists the steps you should take in order to maximise your chances of a successful claim.

    In the immediate aftermath of your accident you should set down, in writing, as many details as you can. If possible take photographs of the scene of the accident, and draw sketches of where the vehicles and people involved were situated and the direction of travel and so on. If there were any witnesses then try to take down their contact details, as well as recording the registration numbers of any other vehicles involved. Your personal injury solicitor will use all of this information when putting your case together, as well as utilising any details you can provide of the expenses you’ve incurred, including receipts wherever possible.

    Another vital part of building a strong case is to report your accident to the police and to seek medical attention. Both of these steps will result in an official record of the accident and will bolster the impression that you’re being honest in your account. As a motorcyclist you may well face an uphill struggle to get the compensation you deserve, but a no win no fee solicitor will ensure that you have the best possible chance.

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