The other party is denying responsibility – should I still proceed with a claim?

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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 other party is denying responsibility – should I still proceed with a claim?

    There are some road traffic accidents which are clearly cut and dried. If one of the drivers is under the influence of alcohol, for example, or driving in a highly reckless manner, then they were clearly to blame for any accident and for the injuries arising from that accident. If you’ve ever been involved in a road accident, however, then you probably know only too well that it’s often not as black and white as this. In the immediate aftermath of an incident it’s pretty natural for both drivers to leap in and blame the other party, and sometimes the details of an incident can be complicated enough for doubts to arise.

    If you’ve been involved in an accident of this kind, in which the other driver is denying responsibility, then you may think that there’s really no point making a claim for compensation. This would be a mistake, however, since, if you genuinely weren’t to blame, then it’s not right that you should keep on having to pay the price. If you explain your situation to a personal injury lawyer then they’ll give you an honest appraisal as to whether it’s likely that you’ll receive compensation. Since most cases of this kind are pursued on a no win no fee basis, lawyers only take on the cases which they feel genuinely confident they can win, and in many cases the other party will back down and admit liability rather than having to defend the case in court.

    The compensation you receive will be calculated using a formula which takes into account the type and severity of the injury you’ve received. On top of this you’ll be given an amount intended to reimburse you for any expenses you have to pay which have arisen as a direct result of the accident. Even if the other driver tries to deny responsibility you shouldn’t simply sit back and accept the hand that’s been dealt to you. With the help of an experienced personal injury lawyer you’ll be able to establish the truth of the matter and use this truth as the basis of your claim.

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