If you are wondering ‘who do I claim from?’ then the answer will depend on the type of claim you have.
In all personal injury cases, it is important that the blameworthy party is insured. All claims will go through the insurance company of the person or professional institution/body who is responsible for your injury.
Claiming for a road traffic accident
If you have been involved in a road traffic accident that was not your fault and have suffered an injury or injuries, then your claim will go through the insurance company of the person who was responsible for the accident. If you were a passenger in a car then it could be the person driving the car you were in. However, if you were hit by another vehicle, it will be the insurance company related to the other vehicle’s driver. Road traffic claims also include people who have been injured as a pedestrian, on a motorcycle, or while cycling.
In some road traffic accidents, you may be related to the person who has caused the accident. For example, your brother or mother could have been the driver of a car in which you were a passenger. In these instances, you may initially feel uncomfortable making a claim of this kind. However, you are still legally entitled to do so and all communications can be made through solicitors and insurance companies.
Claiming for an accident at work
You may have experienced an injury in the workplace and if so, your personal injury claim will be claimed from your employer’s insurance company.
Strict legislation is in place for all companies who employ people to have Employer’s Liability insurance. If you have become injured in an accident at work or have contracted an industrial disease that was the fault of your employer, you will make a claim from their insurance policy.
Claiming against the council
If you have slipped or tripped on council property, you could have a claim if you can prove it was the fault of the council. Your claim will be made against the local authority and their insurers. For more information, visit our compensation claims against the council page.
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If you have been injured through the fault of a medical professional or medical body, e.g. you have had a misdiagnosis or delayed diagnosis from your GP or if there has been a mistake during a surgical procedure at hospital, and you have suffered as a result, then you could have a medical negligence case. Again, your claim will go through the insurance company of the blameworthy party.
The blameworthy party is not insured
If the third party is not insured, you may still be able to make a claim. For example, if you have been hit by an uninsured driver on the roads, you can often claim through the Motors Insurance Bureau (MIB).
Determining blame in industrial disease claims
If you have suffered an industrial illness in the workplace and your employer no longer exists or insurance records cannot be found, recent legislation regarding some industrial illnesses means many can still make a personal injury claim. It is advisable to speak to a personal injury lawyer about your specific circumstances. They will be able to provide you with accurate advice about your potential claim.
Making a personal injury claim with First Personal Injury
If you have had an accident at work, on the roads or while in hospital, then you could have a valid compensation claim. For more information regarding who you will make a claim against, please get in touch.
*Please note – With regards to No Win No Fee - In limited circumstances, fees may be charged when your accident claim is not successful. These specific limited circumstances will be explained to you by your Solicitor.
The Citizen's Advice Bureau says it's our "civil and legal right" to make an accident claim. But 69% of us don't make an accident claim. Don't miss out on what's rightfully yours.
First Personal Injury is a trading name of Jefferies Solicitors Limited. Jefferies Solicitors is a limited company registered in England and Wales under registered number - 07451340.
Authorised & regulated by the Solicitors Regulation Authority and subject to the Solicitor's Code of Conduct details of which can be found at www.sra.org.uk/code-of-conduct.page. (SRA number 554864)
Head Office: Jefferies Solicitors (trading as) First Personal Injury, The Triangle, 8 Cross Street, Altrincham, Cheshire, WA14 1EQ - 0161 908 5100
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