Court procedures for accident claims

Prior to taking an accident insurance case to court, the injured person must wait a total of three months. This is because, whether it is a small claims court or a county court, the judge will want to see that you have explored all options to solve this matter prior to facing court.

This evidence will be reviewed by the court in order to determine whether your evidence rings true and your case is valid, and only then will a final decision be made.
The main considerations made towards the claim include the likes of: has all evidence been gathered? Is the evidence disclosed? Have any attempts been made to settle the accident insurance claim out of court?

Once all of the above has been considered and the insurance lawyer is confident that all options have been explored, only then will the case be considered.

Even if an offer hasn't been made from the other side, a part 36 offer should be offered in order to settle. This comes in the form of the last option prior to court.

Most lawyers will offer a 'no win, no fee' basis, but some may require funding. It is important to check this prior to proceeding as if the case is lost, you may be out of pocket for quite some time. Similarly, should your case win, you should budget for the legal fees that will need to be paid.

A claim form for accident insurance claims must be completed prior to attending a court, as this is the most important piece of information needed to begin court proceedings.
A solicitor is of course a must and sourcing one is easy if you know where to look. Irwin Mitchell is a great law firm to check out if you wish to seek expert advice. They have local offices all around UK, so if you are looking for personal injury solicitors Leicester, for example, simply visit the Irwin Mitchell website and click through to their Leicester office. They also have offices in Birmingham, Manchester, Leeds, etc.

 

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