Am I eligible to claim if I’ve had an accident due to tyre failure?

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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

    Am I eligible to claim if I’ve had an accident due to tyre failure?

    Tyre failure can be a frightening experience to go through when driving a vehicle or riding a motorbike. Even if you are well within a 30mph limit, a tyre blowout can be shocking and can send the vehicle out of control, causing an accident or injury in the process. When you are on a motorbike the consequences can be even worse.

    Will I be able to make a claim if I’ve been injured?

    If you have been in this situation you may have grounds to make a claim for compensation. Tyre failure can be caused by a defective road surface, most commonly potholes. It can also occur if the tyre was not properly made in the first place.

    If you experience a blowout or any other tyre damage, the best course of action is to get it checked by a garage. Not all damage is easy to see at first; you may think you have got away with hitting a pothole only to find the damage becomes evident later on. If your tyre has failed and blown while driving the car, you should get your local garage to check its condition when they replace the tyre (or wheel) for you. Make sure you hang on to the blown tyre though: it will act as evidence if you have a case to make against the tyre manufacturer.

    Has anyone ever successfully claimed following a tyre blowout?

    A case of this type reached the High Court in 2011, concerning a motorway accident that led to a car overturning after suffering a blown tyre. Several people in the car were injured as a result, although thankfully no one lost their lives. Expert investigations revealed the tyre had not been manufactured correctly. As a consequence the manufacturer was found to be negligent in its duty to produce roadworthy tyres.

    How can I start my claim for compensation?

    In short, if you have suffered from tyre failure and you are wondering whether you can make a claim for compensation, seek the professional advice of a solicitor today. They will advise you of whether you have an opportunity to bring a case on a no win no fee basis. If the tyre failure was not your fault, you may be able to make a solid claim.

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