Personal injury claims are won and lost on evidence. Evidence has to be presented to the other side to back up any claim. If that evidence is not enough strong, then the other side may contest liability. Liability contestation is becoming increasingly common as insurers are becoming wise to fraudulent claims. That is not to say that your claim is fraudulent if there is a lack of evidence to support it, but rather that’s simply the fact of modern claims.
To give your claims for UK injury an edge, the evidence you present needs to be solid. Let’s take road traffic accidents as an example.
Here’s a scenario – you are stopped at a roundabout and another driver rams you from behind. The other side is obviously liable in this scenario and insurers will accept liability without contestation. Now here’s another scenario – you are driving down a country lane at a speed 15mph over the speed limit. Another vehicle pulls out in front of you and you hit them. The fact that you were travelling in excess of the speed limit can be used against you by the other side. In this scenario, the other side may contest whole liability and only accept 50/50 liability. If this happens, you can only claim 50% of your original settlement demand, unless you can present evidence to the contrary.
The key piece of evidence is putting you at the scene of an accident and exchanging details with another driver is sufficient evidence. In the case of road traffic accidents, a lot of solicitors are now using dashboard camera footage to prove that their client is not liable for an accident. Dashboard camera footage can give your claim a real edge because it can prove the other side at fault. CCTV footage may also be gathered by your solicitor to support your claim. Another key piece of evidence is your medical report.
If you received medical treatment for your injuries this can be used as evidence. However, the extent of your injuries, your recovery period and your prognosis for the future will actually be determined through a medical examination set up by your solicitor. This medical report will be used to ascertain a fair and proportionate settlement demand. The report will be made available to the other side and once they have your claim, they will investigate it and present your solicitor with a decision.
Most accident claims can actually be processed in as little as 6-8 weeks, however more complicated claims can take a number of months. If you have good evidence to back up your claim, you can count on your solicitor to get you a good settlement.