7 myths about making a personal injury claim
- March 18, 2015
- Comments Off on 7 myths about making a personal injury claim
Solicitors trade on the misery of others.
This is one of the oddest comments made against personal injury solicitors. Someone has an accident and they are unable to work and so lose money; we act for them and recover them the money that they lost. To say that we trade on the misery of others is akin to saying that taxi drivers take advantage of people who need to be somewhere else and restaurateurs make a living out of the hunger of others.
Making a claim drives up insurance policies.
The AA BIPI shows a drop in car premiums over recent years; increased competition and greater access via the internet and price comparison sites has led to a reduction in motor insurance. This trend can be seen across the insurance industry as a whole.
It costs money to bring a claim.
No, chances are your claim can be brought on a no win no fee so that if your claim fails then you will not have to pay for the work done on your behalf. You may pay a percentage of your recovered damages but this is only if your claim is successful so you will never be out of pocket.
I can’t claim if I am passenger and the driver causes the accident.
If you are a passenger the driver still owes you a duty of care and if they cause an accident you can claim. There is no such thing as the ‘doing them a favour by giving them a lift’ defence.
If I claim for an accident at work my workmate who caused the accident will have to pay out of their own pocket.
No, your employer is liable for the negligent actions of your colleagues; this is known as vicarious liability and they will have insurance in place to cover them for such claims. The money comes from your employer’s insurers and not from your workmate’s pocket.
If I make a claim I will have to go to court
It is very rare for a case to go to court; most claims are settled without the need to go to court. And on the same note you may be surprised as to how quickly your claim is settled.
I have had a call from the other side making an offer to settle my claim without involving a solicitor so I don’t need a solicitor.
If you have had a slight injury and made a good recovery then you may feel inclined to accept the offer but be aware of the fact that once you accept the offer then there is no going back for more if you take a turn for the worse. If your claim is dealt with by a solicitor your injury claim will be based upon an appropriate medical report and you will receive advice on financial losses that the insurance company will probably not mention. Insurers are not there to make sure that you get the maximum award; we are.
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