The Importance of Contacting your Own Solicitor in the Event of a Road Traffic Incident

Given the number of us who take to the roads every day, it is highly likely that you, a family member or someone close to you has had direct experience of a road traffic incident. This could be anything from a minor impact collision to a serious and life-changing collision.

Whatever the circumstances, being involved in a road traffic incident can be a stressful and overwhelming experience. Oftentimes people are left feeling confused and unsure about what they should do next, particularly when they are dealing with injuries, vehicle damage and insurance companies.

One of the most important steps you can take is to obtain independent legal advice at an early stage.

Notify your insurance company

You should always notify your own insurance company of the incident, regardless of who you believe was at fault.

If you do not believe you were at fault, you should make clear to your insurer that you are notifying them for information purposes only. You should state that you intend to instruct your own Solicitor to pursue the claim directly against the at-fault party and that you do not wish to make a claim under, or have the matter dealt with through, your own insurance policy.

Your insurance company may recommend that you use one of its panel solicitors. However, you are not obliged to instruct a solicitor recommended by your insurer. You are entitled to choose your own solicitor and obtain independent legal advice.

This is particularly important where you have suffered an injury or intend to make a claim for compensation.

Why should you contact your own solicitor?

When you instruct your own solicitor, you have someone acting specifically on your behalf and looking after your interests.

Your solicitor can deal directly with the relevant insurance companies, advise you on your legal position and guide you through the claims process.

They can also ensure that all aspects of your claim are considered, including your injuries, financial losses, vehicle damage and any other expenses arising from the accident.

Having your own solicitor also means that you have someone you can speak to if you are unsure about what is happening with your claim or if you are presented with a settlement offer.

It is not unusual for the at-fault driver's insurance company to contact you directly following an accident.

They may offer to arrange repairs to your vehicle or make an offer of compensation in respect of your injuries and losses.

While this may appear straightforward, it is important to understand exactly what you are being offered and whether the proposed settlement properly reflects your individual circumstances.

An early settlement may not take account of the full extent of your injuries, future symptoms or all of your financial losses.

Before accepting an offer or signing anything which settles your claim, you should obtain independent legal advice. Once a claim has been settled, it may not be possible to seek further compensation if your circumstances subsequently change.

Your solicitor acts for you

One of the main benefits of instructing your own solicitor is that you have someone who is acting for you throughout the claims process.

Your solicitor can communicate with the other driver's insurance company on your behalf, request the necessary information and evidence, arrange appropriate medical evidence and negotiate any settlement.

Importantly, you do not have to deal with the insurance company yourself.

For many people, having someone explain what is happening, what is required from them and what their options are can provide considerable reassurance at what can otherwise be a difficult and stressful time.

What if the other driver is uninsured?

If the driver responsible for the accident is uninsured or cannot be traced, this does not necessarily mean that you cannot pursue a claim.

There are specific arrangements for dealing with claims involving uninsured and untraced drivers and obtaining legal advice at an early stage can help ensure that the appropriate process is followed.

Don't delay in seeking advice

It is important to seek legal advice as soon as possible following a road traffic incident.

The general limitation period for a personal injury claim is three years. Different limitation provisions can apply to claims involving property damage, children and those who are legally under a disability.

For this reason, it is important not to assume that you have plenty of time to deal with your claim.

At P.A. Duffy & Co Solicitors, our experienced team deals with a wide range of road traffic accident claims throughout Northern Ireland. We have experience in dealing with claims involving cars, motorcycles, bicycles and pedestrians, as well as claims involving uninsured motorists.

Our team can deal directly with the relevant insurance company on your behalf and guide you through the claims process from start to finish.

We will ensure that your injuries, losses and damages are properly considered and that you understand your options before making any decisions about your claim.

To speak with a member of our team, call us on 028 8772 2102 or email enquiries@paduffy.com

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