You can usually make a small claim against a person who caused a Road Traffic Accident by claiming through your motor insurance policy. This will enable you to recover the costs associated with the accident, such as repairing damage to a vehicle or expenses caused by injuries.
In order to do this, you may need to claim on your Legal Protection Insurance, which you must have paid for as part of your policy. This is called a ‘small claims track’.
Even for low valued compensation claims, such as for the cost of repairing a scratched vehicle, Legal Protection Insurance should cover your legal costs associated with making a claim.This is because the purpose of paying extra for Legal Protection Insurance was specifically designed so that your legal fees are covered in the event of an accident.
However, as with all policies, you should check the small print to find out the effect of any clauses which might limit the amount payable.For example, your legal fees might not be covered if the insurer does not deem your claim to have a ‘reasonable chance of success’. This is largely calculated based on whose fault the accident was – yours, another named driver’s (who is insured), or both. There is also a possibility that the value of your claim restricts the amount you can claw back in legal fees. This is rare though – check your policy carefully to find out.
Our team of road accident claim lawyers are available throughout the week for a free phone consultation. Just fill out our website form and we will be in touch within 24 hours.
If you try to claim under ‘small claims track’, your insurer may try to convince you not to claim.
This is because your insurer shoulders the burden of a large expense if your claim is unsuccessful (in court fees, for example). Even if you win, your opponent should not pay your legal fees. The company may therefore try to mitigate this risk by refusing your claim under your Legal Protection Insurance.
Your policy should tell you how you can challenge their decision, if your insurer refuses to cover your fees or limits the amount you can claim.
Our team are on hand to help you claim with legal protection insurance.
If you claim for your legal fees under your Legal Protection Insurance, you will most likely receive a panel solicitor to represent you in the small claims court. This is useful if your accident caused damage to your vehicle or property, for instance damage to your clothing.
If the accident caused you a personal injury however, even a relatively slight one, like temporary stress or minor whiplash, you might prefer to instruct a solicitor to act on your behalf instead.
Doing so will not cost you anything to pursue if the solicitor operates on a No Win No Fee basis.
Our Injury Solicitors In Glasgow & Scotland Have A Strong Record In Achieving Great Settlements For Our Clients. Read Some Of Our Testimonials Below.
Very efficient, professional service provided. Minimal fuss and clear communication. Highly recommend.
Was in need of urgent advice and Greg was on hand and offered fantastic advice and recommendations.
The team really tried their best to make sure I got the best settlement possible. Great communication and a very in depth knowledge of road traffic claims.