- What is no win no fee?
If you are considering making a claim for compensation, you may be worried about how your claim will be funded. In most cases, a 'no win no fee' or 'conditional fee' agreement will be used to fund your claim. In simple terms, under the agreement, if your claim is successful, our fees are paid by the insurers of the party at fault. These are paid on top of your compensation, of which you will receive 100%.
If your claim is unsuccessful you have nothing to pay.
- How long will it take to make a claim?
Each claim is different. A straightforward claim as a result of a road traffic accident may settle within a matter of weeks, although more complex claims along with accidents at work and accident in public places are likely to take longer. In some cases, it is best to wait until you have made a full recovery before accepting an offer to ensure that you are fully compensated. We will advise you on the best options for you as your claim progresses.
- Will I have to be medically examined?
In most cases yes. This is to enable us to prove the extent of your injuries and whether any further investigation or treatment is required. It also helps us to get an idea of how long it will take for you to make a full recovery from your injuries, and to value the level of damages accordingly. We can also recover your travel expenses in attending the medical appointment.
- Can I recover the cost of my hire vehicle?
Yes. We can recover the cost of this from the other driver's insurer. You can also recover any out of pocket expenses you incur as a result of your accident. We can also arrange a hire car for you if you do not already have one.
- What will I have to pay if I lose the claim?
You will not have to pay anything. We do not receive any fees if the case is lost and the fees of the other side's insurers are paid by an insurance policy.
- What will I have to pay if I win the claim?
You will not have to pay anything. Our fees are recovered from the insurers of the third party and you receive 100% of the compensation.
- Who will pay my medical expenses and physio?
If the insurer for the party at fault accepts responsibility for your injuries then we can arrange for and pay medical fees on your behalf. This means that you can cut the NHS waiting list and have private medical treatment . We will then recover the cost of this treatment from the other side and you have nothing to pay. Keep any receipts you have for prescriptions, and any evidence you have of travel expenses, as these can also be recovered too.
- What are the stages to making a claim? What does it involve?
When we receive your instructions we will immediately notify the insurers of the party at fault. If liability is admitted, (where the insurers accept responsibility for the accident and are willing to compensate you for your injuries) we will then arrange for you to be medically examined, somewhere local to you, and a medical report will be drawn up. On the basis of the medical report and the prognosis given (how long it will take you to make a full recovery), we will then enter into negotiations with the other side's insurers and ultimately settle the claim.
If the claim is disputed we will discuss the reasons with you. If we think you have a good claim we will still send you for a medical examination, and will issue proceedings (at no cost to you) against the other party on the basis of the evidence in your medical report. It is likely that the claim will then be settled through negotiations with the third party insurer.
- How is my compensation calculated?
Your compensation is calculated on the basis of your medical report which is prepared by the medical examiner. This will give the details of your injury and a prognosis, which is the amount of time it will take you to make a full recovery. Using existing case law and the Judicial Studies Board Guidelines we will calculate the level of compensation you deserve, and will make an offer to the third party on that basis.
- Will you deduct anything from my compensation?
No. You receive 100% of your compensation. All our fees are paid by the insurers of the party at fault, in addition to the damages you receive.
- Do I have to sign any paperwork?
You will be asked to enter into a "no win no fee" agreement which means if we are successful then our - Edwards Hoyle - costs are paid for by the defendant separately and outside of any amount you receive for compensation. In other words if you are eligible to receive say £1,500 in compensation that is what you receive - not £1,500 minus our fees.
- What is after the event insurance?
After the Event Insurance - also known therefore as ATE - is an insurance policy we take out on your behalf so you do not half to pay any court or legal costs. Once we have accepted your case you can therefore relax safe in the knowledge that you are protected from any exposure whether we win or lose.
- What is a letter of claim?
This is a letter we produce on your behalf detailing all the circumstances of your accident, your injuries and why the defendants are being held responsible.
- What is a Part 36 offer?
Once we have agreed, with you, the amount of compensation that we are going to claim we will make a formal offer to settle the claim to the other side's insurers. This is called a Part 36 offer. If the other side refuse to pay this figure and you ultimately recover this figure or more then you will be awarded additional interest for the delay in the insurers paying the figure when we first asked for it.
- Will I have to go to court?
The vast majority of our claims and settlements are made by agreement or consent without the need to go to court. In the event court appearances are required these are generally short in nature and very often are handled by ourselves without the need for you to attend.
- How long do I have to make a claim?
Normally you have three years in which to make a claim but particularly as most cases involve medical treatment the sooner we are involved the better.