Frequently asked questions

What if the other driver is not insured?

What if there were no witnesses to the accident?

What medical evidence might be needed?

How can I prove my money losses?

Can I claim on behalf of my child?

What if my accident happened abroad?

What if the other driver is not insured?

You will still be able to entitled to compensation via a scheme set up by the Motor Insurers Bureau where a fund is available to compensate innocent parties to accidents. If you think that there is a problem with the other party’s Insurance position, please make this clear on the Claim Form.

What if there were no witnesses to the accident?

The lack of witness evidence may not be a problem for proving your claim. Usually, the circumstances are plain for all to see whose fault it was. A claim for compensation takes place under Civil Law as opposed to Criminal Law. The significance of the different principles of these two systems is that whereas criminal law requires that a case be proved “beyond all doubt” a civil action can be proved “on the balance of probabilities”. It is easier to prove that something “probably” happened rather than having to prove “beyond all doubt” that the accident occurred as you said it did.

The parties who negotiate the claim will look closely at the versions of the accident as given by each party and will look to see what other facts support one side or the other (corroborative evidence).

What medical evidence might be needed?

To allow for the proper assessment of your General Damages (the value of your pain and suffering) it will probably be necessary for you to be medically examined so that there is an expert doctor’s opinion on which a proper assessment can be made.

The medical report will be arranged at no cost to you. It may be your GP who can provide the report, or you may need to be seen by a consultant if your injuries are not slight.

If your injury is likely to take a long time to settle, it may be necessary for you to be medically examined more than once. It would not be in your interest to settle your claim too early if, for example, there is a yet-unknown risk of a deterioration in your symptoms. If the doctor says that he will not be able to say honestly how your recovery will progress, then it makes sense to defer settlement until a future date.

If such a deferment is causing hardship because you cannot work, and if liability is clear then it may be possible for you to receive an advance payment (provisional damages) with the final settlement being negotiated at a future date.

You will be expected to be open and co-operative with the production of the medical evidence. If you already had a bad back, and an accident had aggravated the condition then you should admit that you already had some symptoms before.

How can I prove my money losses?

Usually, documentary evidence will be required to prove your expenses and losses. For example, if your property has been damaged then you will be asked either for an estimate for repairs or for the repair invoice. If it is a vehicle that has been damaged, then it is possible that an engineer may be asked to inspect your car to check whether the garage’s estimate is fair, or that the cost of repairs does not exceed the value of the car (in which case it would be classed as a write-off).

If you are unable to work due to injuries, then you should make available details of what you would have earned had you been working. Usually, your employers would be contacted for them to send a recent schedule of your earnings. From this, an average wage/salary can be calculated and this figure is applied to the length of time that you are away from work.

You should neither profit nor lose when assessing Special Damages. The law tries to put you back in the same financial situation that you would have enjoyed had it not been for the accident.

Your solicitor will be happy to advise you on what is needed. Simply send a summary at first when you complete the Claim Form.

Can I claim on behalf of my child?

A child cannot sue in their own right until they reach the age of 18. Therefore, parents would be the right people to sue on behalf of their children after signing a document to establish their status. If in doubt about whether you have the status to claim on behalf of a minor, simply ask the question on the Claim Form and a response will be provided quickly.

What if my accident happened abroad?

Usually, these claims can be handled on your behalf but it is not so straightforward as an accident that happens on home soil. If the defendant is hard to identify, is disputing blame and if there are other obstacles, we may not be able to assist you.

If the prospects look good, however, a claim may be pursued, possibly by appointing a local solicitor in the country where the accident took place. These types of claim can only be assessed when we know the facts. Please send full details when completing the Claim Form.

KRM is regulated by the Ministry of Justice in respect of regulated claims management activities; registration is recorded on www.claimsregulation.gov.uk.

No Win No Fee claims: min £1,000 value for injury claims, min. £5,000 value for material damage only claims; we cannot assist you with unfair dismissal/employment-related claims nor with medical negligence cases.

KRM, 15 Tunwell Greave, Sheffield, S5 9GB  •  Privacy