Mechanical failure caused my road traffic accident – will I be able to claim compensation?

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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

    Mechanical failure caused my road traffic accident – will I be able to claim compensation?

    If you’ve been involved in a road traffic accident and suffered an injury as a result, then the first question you’ll doubtless feel moved to ask is ‘Why me?’ In some cases, you may have to face up to the fact that you were at fault, having made a mistake such as driving whilst too tired or failing to pay proper attention to the conditions of the road. In cases such as this there’s little more that you can do than move on and hope for a full and speedy recovery.

    Often, however, the fault for an accident can be firmly laid at another party’s door, and if this is the case then any pain or injury which you’re suffering should be compensated by them. Whilst the vast majority of road traffic accidents are caused by driver negligence, there are a few which come about as the result of some kind of mechanical failure. According to the road safety website Safer Motorways, 10% of motorway accidents are caused by mechanical breakdown. This is indicative of the danger which a badly maintained or manufactured car can represent.

    If you’ve been involved in a road traffic accident after the steering on your car failed, for example, or the brakes malfunctioned, then any injuries you suffer may well be the responsibility of the people who sold you the car or the garage that was paid for its’ upkeep. If you feel this may apply to you, then contact a personal injury solicitor as soon as possible with as many details of your case as you can gather together, and they’ll advise as to whether you have a realistic chance of winning compensation. A case of this kind may be fairly technical in nature, with expert witnesses having to convince the court that the crash was caused by mechanical failure, and that this failure was not your responsibility. Employing the services of a No Win No Fee personal injury specialist will remove a lot of the stress and greatly improve the chances of success.

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