

It is important that you should know your rights and what to do when involved in a motor accident, regardless of whether any prosecution took place following the accident, or whether you suffer immediate consequences. The level of proof required for pursuing compensation is lower than that for criminal conviction, and some injury symptoms may not appear for some time afterwards.
You should consult a solicitor who is a specialist in motor accidents as soon as possible after the accident, while details are still fresh in your mind.
You are entitled to claim for compensation if you are injured in a motor accident where someone else was at fault. If the driver of another motor vehicle was responsible for the accident, or you are a passenger in a vehicle whose driver was to blame, you may claim. Similarly, if you were a pedestrian crossing the road responsibly and were hit by a motor vehicle whose driver caused the accident, you may also claim.
In the first instance, check that your lawyer’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have lawyers who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your lawyer about their record in personal injury claims. Can they give you any case histories of successful claims similar to yours?
With the exception of medical negligence, legal aid is generally no longer available for personal injury claims. This means you will have to agree payment with the lawyer yourself. Fortunately, lawyers are able to act on a Conditional Fee (“No Win, No Fee”) basis. This means your lawyer bears the cost of the claim until you have been awarded compensation. Depending on the type of agreement you have, your lawyer will then either claim his fees from your opponent, or take a percentage of your compensation as a “success fee”.
Before agreeing to work on a conditional fee basis, a competent personal injury lawyer will assess the merits of the claim. If you and your lawyer decide to proceed you may have to take out an insurance policy to cover both your and your opponent’s lawyers’ fees in the event that you lose your claim.