By Max Morris. Last Updated 17th June 2022. Are you in the UK attempting to make a car insurance claim, but the other party is not responding? If you’ve been injured in a car accident due to the negligence of another party, you could potentially claim compensation.
All road users should be familiar with The Highway Code. This outlines the duty of care roads users have. For motorists, this means adhering to the standards of skill of the average driver. The Highway Code also explains how other road users, such as pedestrians, cyclists and scooter riders, should behave on the roads.
If a road user breaches this duty of care, you could come to harm. If you could prove that your injury was the fault of another party, you could potentially claim compensation. However, the other party may not always reply to your claim.
Read on to find out what to do in the UK if you’ve made a car insurance claim, but the other party is not responding. You can also get in touch with our team of advisors at any time for free legal advice about your case. They could pass you on to an expert solicitor from our panel to help you with your claim.
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- What Happens If An Insurance Company Doesn’t Respond To A Claim?
- Submitting The Letter Of Claim
- How Long Do Insurance Companies Have To Respond To A Claim In The UK?
- I Have Made A Car Insurance Claim But The Other Party Is Not Responding (UK)
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- Talk To Us About A Car Insurance Claim Where The Other Party Isn’t Responding In The UK
To know what to do if an insurance company is not responding to your claim, we should first look at the early steps of a personal injury claim. The initial steps of a personal injury claim are also known as the pre-action protocols. These aim to help you resolve the claim without needing to go to court.
Generally, these steps include:
- Letter of Notification – You or your solicitor will inform the faulting party about your intentions to pursue compensation in a personal injury claim.
- Rehabilitation – Both parties will assess your physical and mental condition after the injury to decide if you have reasonable needs that could be met by medical treatment. Consideration of rehabilitation should be an ongoing process throughout the case.
- Letter of Claim – A Letter of Claim should include sufficient evidence for the defendant to assess liability. This could include a summary of the event and the physical or financial effects it has had on you as the claimant. At this stage, the claimant may also make an offer to settle the claim early.
- The Response – The response should address any early settlement offers made. This article will look at what happens if the faulting party does not respond within the time limit and what the time limit is.
- Disclosure – The defendant should disclose information that could lead to a resolution. Your solicitor could request these documents in the Letter of Claim.
To find out more about the pre-action protocols, get in touch with our team of advisors today.
Submitting the Letter of Claim is an important step in the pre-action protocols and your personal injury claim in general. This will allow the defendant to consider what liability they will accept for your injuries and move the case closer towards you potentially receiving compensation from them. It should include a description of injuries and financial losses caused.
This Letter of Claim must be acknowledged and responded to appropriately within the time limit. This time limit is 21 days from the date it was sent to acknowledge it, and then a further 3 months is allowed in which the defendant can investigate and provide a full response. If they do not respond within this time, this would breach the pre-action protocol. You could issue proceedings if this happens.
To find out more about the Letter of Claim, contact us now. You can also discuss making a car insurance claim if the other party isn’t responding in the UK.
Time limitations are important when responding to a claim, as a late or non-existent response can delay the claim unnecessarily, leaving you without compensation when you might need it.
Time Limits For Responses
There are time limits for responses for both the Letter of Notification and the Letter of Claim. For the Letter of Notification, the defendant should acknowledge it within 14 days of receipt. This indicates that they are aware you are going to start a claim against them and gives them appropriate time to consider their actions.
The defendant should acknowledge the Letter of Claim within 21 days and respond to it within 3 months of acknowledgement. The response is important, as it will address any settlement offers and may begin discussions about liability.
If the accident happened outside England and Wales or the defendant is outside of that jurisdiction, the 21-day and 3-month time limits can be extended to up to 42 days and six months.
How Long Do You Have To Make a Car Insurance Claim in the UK?
This article focuses on the time limits within the claims process after a car insurance claim has already begun. However, you may want to know more about the car insurance claim time limit in the UK.
Usually, you have three years from the date of the accident or the date you discovered that negligence caused your injuries to begin a claim. This is outlined in The Limitation Act 1980.
However, some exceptions do apply to this.
- If you suffered an injury as a child, you have three years from the date of your eighteenth birthday to claim. Furthermore, if you want to claim before the age of eighteen, a court-approved litigation friend can claim on your behalf.
- You can also claim on the behalf of a loved one if they lack the mental capacity to claim themselves. You would also do this using a litigation friend. If they continue to lack mental capacity, no time limit is in place to begin a claim. However, if mental capacity is restored to the injured person, they would then have three years from that date to begin the claim.
Please bear in mind that the information in this section only applies to England and Wales. For more information about making a car insurance claim, please contact us for free legal advice using the above details.
This section addresses the question of what actually happens if you make a car insurance claim and the other party is not responding. If the defendant breaches the pre-action protocols, you or your solicitor could apply to the courts for pre-action disclosure.
This could potentially lead to a court hearing. You do not need to hire a solicitor to help you with a claim, but we always recommend doing so. If you hire a solicitor, you may not be required to attend this hearing, as they will do so for you. At this hearing, your lawyer must prove to the judge that the faulting party failed to comply with the pre-action protocols.
If the judge accepts the evidence, the court may order the defendant to either accept or deny liability or require them to disclose relevant documents and information that is needed for the claim to make progress.
The defendant may have to pay the legal costs of the pre-action disclosure. This could encourage them to reply and co-operate with your requests.
The solicitors on our panel are highly trained and have years of experience in representing claimants. If you want to make a car insurance claim in the UK, but the other party is not responding, the lawyers on our panel could help you. Get in touch with us today to find out more.
This section includes a table of potential compensation amounts for car accident claims. These figures are taken from the Judicial College Guidelines; a document legal professionals use to help value general damages in a personal injury claim.
What are the average payouts for car accident insurance claims?
Now we’ve clarified the car insurance claim time limit, this section will illustrate what compensation you may be able to receive as part of the claims process.
Firstly, it’s important to note that if you’re over eighteen, a passenger or driver in a car and your injury comes to £5,000 or less, you will need to claim using The Whiplash Injury Regulations 2021. This is only relevant in England and Wales. If you claim this way, you would receive a set amount of compensation as listed in the Whiplash Injury Regulations 2021 tariff of injuries.
Claiming through the usual method, the primary head of claim is general damages. This compensation figure is about the severity of the injury as well as the pain and suffering caused. You would only receive compensation from a claim if you could prove your injury was caused by negligence.
The Judicial College Guidelines can give you a better idea of your potential general damages compensation. These figures have been taken from the latest guidelines, published in 2022. However, these fingers are not guaranteed. You could receive a different amount depending on the different aspects of your claim. To help calculate your general damages payment, an independent medical assessment will be performed as part of the claims process to determine the severity of your injury.
|Facial Disfigurement||Very severe scarring||£29,780 to £97,330||Will have happened to relatively young claimants (teens to early 30s) where the psychological reaction is severe and the cosmetic effect is disfiguring.|
|Knee||Severe (ii)||£52,120 to £69,730||Leg fracture extends into the knee joint, causing constant and permanent pain. There will also be limited movement or impaired agility and a high risk of osteoarthritis and arthroplasty.|
|Eye||(d) The total loss of one eye||£54,830 to £65,710||This bracket will be judged by age, cosmetic effect and psychiatric consequences.|
|Toe||(a) Amputation of all toes||£36,520 to £56,080||This bracket will be judged upon whether the amputation was surgical or traumatic, the extent of the loss of the forefoot, and the effects on mobility.|
|Hand||(f) Severe fractures to fingers||Up to £36,740||Severe fractures to the fingers that may lead to partial amputations. The result will be deformity, impairment of grip, disturbed sensation and reduced mechanical function.|
|Leg||Less serious (i)||£17,960 to £27,760||Fractures or serious soft tissue injuries where an incomplete recovery has been made. For fractures, the claimant may still have a limp or defective gait, impaired mobility, and discomfort. The soft tissue injury could cause significant cosmetic defect or some nerve damage in the lower limbs.|
|Spleen||(a)||£20,800 to £26,290||Loss of spleen. There will be a continual risk of infection and disorders due to damage to the immune system.|
|Neck||Moderate (ii)||£13,740 to £24,990||Disc lesions, soft tissue injuries and wrenching-type injuries of the more severe kind. The result could be cervical spondylosis, serious limitation of movement, stiffness or discomfort, recurring or permanent pain, and the possible need for further surgery. There may also be a vulnerability to further trauma.|
|Back||Minor (i)||£7,890 to £12,510||A full recovery without surgery will have been made within around 2-5 years. This bracket could also cover the short term exacerbation of pre-existing conditions.|
|Teeth||(i)||£8,730 to £11,410||Several front teeth will be seriously damaged or lost.|
The other potential head of claim relates to the losses you’ve suffered financially because of the injury. These are referred to as special damages. Expenses you could claim include:
- Loss of earnings
- Travel costs
- Adjustments to your home
- Travel expenses
You would need to prove these losses (through financial evidence, such as receipts and invoices) to potentially receive compensation. If you would like more free car insurance claims advice, please contact us using the above details.
If you’re looking for legal representation for a car insurance claim in the UK where the other party is not responding, you may be considering No Win No Fee. So how do these agreements work?
If you’re put through to a solicitor from our panel, they could offer their services on a No Win No Fee basis. This is designed on the basis of risk and reward: the solicitor takes on the risk alongside you. If your case does not succeed, you will not have to pay your solicitor for their services. Upfront and ongoing solicitor fees also won’t be an issue.
If your claim is successful, the solicitor would deduct a success fee from the compensation. However, you don’t need to worry about being left without compensation, as this success fee is subject to a small legal cap. Your solicitor would also only deduct their fee once your payout has come through.
If No Win No Fee sounds like it could benefit you, get in touch with us today. Our team of advisors are available 24/7 to provide support and advice. If they think your case has a good chance of success, they could pass you on to a solicitor from our panel who could represent you in your road traffic accident claim.
Thank you for reading our guide explaining what to do when making a car insurance claim, and the other party is not responding in the UK. For further resources, please see below.
My Child Got Hit By a Car – Can I Claim? – Learn how to claim compensation if your child has been hit by a car.
Hit and Run Compensation Claim – If you’ve been in a hit and run accident, our article can help you figure out how to claim compensation.
How Long After a Road Traffic Accident Do You Have to Claim? – Learn about the time limitations attached to starting a road traffic accident claim.
Limitation Act 1980 – This legislation outlines how long you have to start a compensation claim.
Whiplash Reform Programme – The government guide on how low valued car accident claims are handled.
Motor Insurers’ Bureau – You could claim through the MIB if the faulting party was uninsured or untraceable.
If you have any questions about what to do if making a car insurance claim but the other party is not responding in the UK, get in touch. Our advisors are available 24/7.
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