Will I be able to make a motorbike accident claim on a no win no fee basis?

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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

    Will I be able to make a motorbike accident claim on a no win no fee basis?

    The Citizens Advice Bureau, on their website, offer a basic summation of the circumstances under which it is possible to make a claim for compensation on a no win no fee basis. The no win no fee system means that seeking compensation is something which can be decided upon on the basis of circumstance, rather than whether you can afford it. In the past, if you were knocked off your motorbike by a motorist driving recklessly then you might have hesitated to claim compensation dues to concerns over how much it would cost. Not only would you have to pay your personal injury solicitor out of any compensation you received, but you were also running the risk of losing the case and thus being saddled with a huge bill for the other side’s expenses.

    Under the no win no fee claims system, on the other hand, the only consideration you have to make is whether the accident in question was caused by someone else’s negligence. If it was, and you’ve suffered as a result, then you’ve every right to seek compensation, and can do so without having to pay a penny up front. What’s more, if you win your case you’ll be able to keep most of your compensation since your the majority of your solicitors fees will be met by the losing side, though due to changes in the law in April 2013, your solicitor can take up to 25% of your compensation as a ‘success fee’.

    If, on the other hand, you’re unlucky enough to lose, then the expenses of the other side will be met by an insurance payment. This means that the system runs along lines of fairness rather than ability to pay.

    If you’ve been injured thanks to another person’s negligence then the expenses you incur and the distress you suffer shouldn’t be down to you, they should be covered by the person whose fault it was. Expenses from the cost of medicine and travel all the way up to future loss of earnings can be covered by a successful claim, something which will allow you to start putting your life back together.

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