ROAD TRAFFIC ACCIDENTS
If you have suffered an accident as a result of another motorist then we will make sure you receive as much compensation as possible
If you have sustained an injury in a road traffic collision, let us help you. We will act fast to make sure you don’t suffer any additional stress on top of your injuries. We can assist you with the following;
- Liaising with the Police;
- Securing car hire and courtesy vehicles;
- Vehicle repair and assessment of damage;
- Arranging medical treatment including physiotherapy and rehabilitation;
- Arranging depreciation/diminution reports;
- Insurance excess recovery;
- Obtaining compensation for your personal injuries;
- Recovery of loss of earnings;
- Securing compensation where the negligent driver is uninsured or cannot be traced.
You always have freedom of choice to pick the Solicitor that you would like to act for you
Increasingly injured parties are being referred by their insurance company or by a claims management company to a firm of Solicitors to handle their claim. They will be particularly forceful in insisting that you instruct a firm from their own panel of solicitors rather than using Boyd Rice Solicitors.
You should be aware that:
- You are under no obligation to accept their choice of solicitor.
- You are free at all times to instruct your own solicitor.
We are here to represent you and only you!
We will ensure that you are provided with:
- A replacement vehicle;
- Quick and efficient repair of your vehicle;
- Maximum compensation for any injuries you have sustained.
The practices of certain insurance companies have also made life more difficult for accident victims seeking compensation. Certain insurers for the party responsible for the accident will attempt to settle any claim for compensation directly with the victim in the immediate aftermath of an accident.
We would never recommend that you should settle a claim without the benefit of a medical report and independent advice.
Failure to consult your own solicitors will almost certainly result in you receiving less than your full entitlement for any personal injuries you sustain.
You should NEVER allow an insurance company to pressurise you into accepting less than your case is worth.
Your first call after an accident should always be to your own Solicitor.
When you have been involved a road traffic collision that is not your fault or only partly your fault, you should instruct a Solicitor that you can trust to be on your side, Boyd Rice Solicitors.
We offer a free initial consultation where we will confidentially discuss the circumstances of your accident and will assess how we can assist you in the best way possible. We use leading experts to investigate accidents and our team of medical practitioners are extremely experienced.
You will be under no obligation to instruct us and we will be delighted to advise in any way that we can. Please do not let funding concerns deter you from getting in touch with us. We will discuss all available ways to fund your case enabling you to make a fully informed decision as to whether you wish to proceed with the claim. “No Win No Fee” payment arrangements are not permitted in Northern Ireland however you may be entitled to legal costs insurance or legal aid. We seek to recover your legal costs from the party that has caused your injury.
Free Initial Consultation, Speak to our Specialist Solicitor
- Neil manages the injury claim department in Boyd Rice Solicitors.
- He regularly appears in the County Court and the High Court on behalf of his clients.
- Neil is a member of APIL- Association of Personal Injury Lawyers.
- Neil and his team handled more injury claims than any other Firm of Solicitors in Newtownards and the surrounding areas in 2019.
- For further information, please have a look at Neil’s client testimonials on Google, he is renowned for going above and beyond for his clients.
Frequently Asked Questions
We will instigate Court proceedings on your behalf if the other driver disputes liability or if negotiations with the other driver’s insurer prove unsuccessful. If there are no liability issues your case is likely to resolve before the Court Hearing date meaning that you will not have to attend Court.
The amount that you are awarded in respect of your injuries is based on a medical report outlining the extent of the injury caused. Compensation or “damages” will be paid for both physical and mental injury (both must be backed up by medical evidence).
Damages are assessed on a case by case basis although with reference to previous awards in similar cases. Time off work, medical treatment and the impact of the injury on work, sport and hobbies will also be considered.
Out of pocket expenses that are reasonably incurred eg. The cost of private physiotherapy, your insurance excess or loss of earnings can all be recovered on your behalf.
We will advise you in respect of the value of your claim once we have medical evidence to hand. For a general guide please consult our claim calculator https://www.boydricesolicitors.com/claim-calculator/
If your vehicle was damaged in an accident and was not repaired at the time you have six years from the date of the accident to claim for the damage caused to your vehicle.
If the accident was not your fault you can still claim for the damage to your vehicle, or for the total loss of your vehicle, from the at fault driver’s insurance company. We will guide you through the process but essentially the claim is progressed in exactly the same way as a vehicle damage claim for a comprehensively insured driver.
My vehicle was relatively new at the time of the accident and may have depreciated in value, can you process a claim for depreciation on my behalf?
Yes, we will arrange for an assessor to determine the extent that your vehicle has depreciated in value as a result of your accident. You will be entitled to be compensated for the amount that your vehicle has depreciated as per the assessor’s report. It is important to remember that the assessor will provide an indication as to the extent of depreciation but this is only an indication and the depreciation figure can be challenged by the other driver’s insurer. As a rule of thumb, if your vehicle is less than 4 years old or is a luxury vehicle it will have depreciated in value.
What is the standard process for making a vehicle damage claim arising from a road traffic accident?
We will take details in relation to the accident and a motor assessor will be appointed to examine your vehicle. We will then direct a letter of claim to the at fault driver’s insurer and wait to see if they admit fault.
The motor assessor’s report is sent to the insurance company. The report confirms whether the vehicle can be repaired or not and the cost of repairs. If the vehicle is deemed a total loss the report will confirm the pre-accident value of the vehicle, the salvage value and whether the vehicle needs to be put into storage.
The insurance company will normally come back within 4 weeks. They will confirm their liability position and either authorise the cost of repairs or will send a cheque in respect of the pre-accident value of your vehicle less the salvage. We will send that cheque to you immediately.
If liability is disputed by the third party insurer it may be necessary to issue court proceedings to further your claim. In those circumstances the Court would timetable your case culminating in a Hearing where you would be required to give evidence.
If the cost of repairing your vehicle is uneconomical then the other driver’s insurance company will not pay for repairs. Rather than paying for the vehicle to be repaired, the insurance company will pay the pre-accident value of the vehicle less its scrappage value (also known as salvage). The salvage value of your vehicle forms part of the pre-accident value. The pre-accident value is paid less the salvage and NI Accident Management will pay you the salvage leaving the other driver’s insurer to pay the balance of the pre-accident value of your vehicle.
Yes, insurance companies will always cover the cost of replacement child seats. Simply either provide receipts for the child seats that were in the vehicle at the time of the accident or provide us with a link to a website where you can buy the same seats online, we will then ask the insurance company to issue a cheque right away.
The other driver’s insurance company has contacted me following my accident and offered me compensation for my injuries should I take it?
Without representation you would be up against an insurer who has a wealth of experience in defending claims and will in all likelihood offer you a sum which undercompensates you. In our experience, you will receive a greater level of compensation by progressing your claim through us.
In a straightforward case, where liability is accepted by the Defendant and you recover from your injuries quickly, resolving your claim may only take a matter of months. In other cases, delays are caused by the need to fully explore a client’s injuries, evidence not being available immediately, witness availability or the ability of the Court to hear the case. Boyd Rice Solicitors have a long-standing reputation for progressing cases quickly and our average case takes 6-9 months to bring to conclusion.
You can still make a claim if you are fully recovered but will still need to be examined by an independent medical expert.
It is always best to speak to us at the earliest possible opportunity so that we can record how your injuries have impacted your day-to-day routine.
Yes, if you go privately please keep receipts and we will seek recovery of the cost of physiotherapy from the at fault driver’s insurer. Alternatively, you can arrange for physiotherapy through the NHS.
Going to your GP or Hospital is not a prerequisite to making an injury claim but if you are in pain as a result of the accident it makes sense to arrange an examination and/or treatment from a medical professional.
We will take your instructions in relation to the accident, your injuries and any ongoing symptoms.
The first thing we will do after gathering the relevant information is notify the at fault driver’s insurers of the claim and wait to see if they admit fault.
The next step is to arrange a medical examination with a medical expert (who specialises in the types of injuries that you are suffering from) in order to confirm injuries resulting from the accident. We will then consider your out of pocket expenses such as lost earnings and vehicle repairs. Once this has been done we will attempt to settle the claim on your behalf and will keep you updated every step along the way.
If liability is disputed by the third party insurer it may be necessary to issue court proceedings to further your claim. In those circumstances the Court would timetable your matter culminating in a Hearing where you would be required to give evidence.
We will support you in whatever way we can through the prosecution and can attend Court to find out the outcome of the criminal proceedings.
Yes, the claim will be progressed against either the bus or taxi driver via their insurance company or against the driver of the third party vehicle that caused the accident.
No, any person in the vehicle at the time can make a claim for any injuries that they have sustained. You do not have to be a driver of a car to make a road traffic accident claim. It can also be made by other road users such as pedestrians, passengers, cyclists and bikers as they are all owed a duty of care by other road users.
A claim can also be made on behalf of a Claimant under the age of 18 by their litigation friend. This is normally their parent who takes over conduct of the claim on the minor’s behalf.
Provided that you are successful in your claim (either liability is accepted or partly accepted by the other driver’s insurer or if you win your case at Court) the other driver’s insurer will pay your legal costs in addition to/ on top of compensation for your injuries.
Yes, you are entitled to claim compensation for personal injury and loss if you have been injured as a result of a road accident that was not your fault. However, even if you feel that you were partly to blame for the road traffic accident you should still seek advice from us as you may be entitled to make a claim. If you are found to be partly to blame or your actions have contributed to the accident you can still claim compensation but your final award of compensation will be reduced to reflect the fact that you contributed to the accident. However, depending upon the severity of the injuries sustained the final award can still be significant even in cases where the other driver is partly to blame for the accident.
At the scene, the other driver said the accident was my fault but I disagree, as my Solicitor what will you do to establish who was at fault?
We will listen to your version of events carefully and speak to any witnesses to the accident. In addition we will gather all evidence such as dashcam footage, CCTV, Police report, assessor’s reports etc. In difficult cases we can also arrange for an accident reconstruction report to be prepared by a Consulting Forensic Engineer. If your case progresses to Court we will make sure you are fully prepared.
We obtain and collate all the evidence required for the claim and can deal with your insurer so you don’t have to. Bringing a claim can be a complicated and stressful process. We support our clients by dealing with any stress that may arise during the claim by gathering evidence, fighting a liability dispute and recovering any out of pocket expenses. This means our clients can focus on their recovery.
The time limit or limitation period is 3 years from the date of accident but we would advise you to bring the claim at the earliest opportunity. Delay can damage your case as there may be extensive liability investigations required and the longer you wait before speaking to us, the harder it may be to prove that someone else was at fault for your accident.
Yes, it is very common for individuals who have sustained a physical injury from an accident to then develop psychiatric injury such as an adjustment disorder or depression. In order to determine the extent of your psychological injury we will arrange for you to be examined by a Consultant Psychiatrist.
We would advise you to record details of the other driver (name and address) and the other driver’s vehicle registration. Also, record the contact details for any independent witnesses.
Can I claim from a friend or family member if I was a passenger in their car and they caused the accident?
Yes. We will guide you in respect of the sensitivities around claiming against your friend or family.
Yes, we can as long as you speak to us before your own insurance company. We advise you to call us as soon as practically possible after your accident occurs.
We suggest that the first call you make is to us in order to discuss the accident circumstances and decide on the best way forward.