Can I make a claim if I was a pedestrian involved in a road traffic accident?

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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

    Can I make a claim if I was a pedestrian involved in a road traffic accident?

    When considering road traffic accidents, the focus, quite naturally, tends to fall upon people driving cars and riding motorbikes or their passengers. Ask the average person to think about a car accident and they’ll envisage two cars coming together. Often, however, the people most likely to be injured as a result of a road traffic accident are pedestrians. Government figures, which can be found at http://webarchive.nationalarchives.gov.uk/20120926002851/http://www.dft.gov.uk/statistics/tables/ras30002/ show that, in the latest year for which figures are available, 26,198 pedestrians were injured to some degree following road traffic accidents. In some cases, this would have been the fault of the pedestrian concerned, but in many it would have been due to the negligence of another person.

    Another factor to bear in mind when considering the travails of pedestrians is that in the event of an accident they lack the protection afforded to drivers by the bodywork of the car and factors such as seatbelts, crumple zones and airbags. Bearing this in mind, there’s a greater possibility that if you are a pedestrian injured in a car accident, then your injuries will have a larger impact upon your life.

    If you’re injured in a road traffic accident which was caused by the negligence of another person then you have every right to seek compensation. The injuries you suffer will probably lead to you having to take time off work and may even affect your earning potential in the future. On top of this, you may have to pay for medical treatment or particular types of help. A professional injury solicitor will build a case aimed at demonstrating you weren’t to blame for your injuries and therefore deserve compensation. On top of this, they will pull together the expenses you’ve incurred in the hope of gaining a payment which will help to put you back on your feet again.

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