Contact Winclaim
All you need to do is telephone us and you will be able to immediately speak to a Legal Advisor. They will take information from you about how the accident happened and what injuries you have suffered. Our advisor will be able to tell you if you have a case that is worth investigating. He or she will also be able to answer any questions that you have about bringing a personal injury claim.
Ask Winclaim to Help
If you are happy that you want to bring a claim then you can then instruct us to act for you. You only have to do this when you are happy that you would like to bring a claim and you would like us to help you.
Contacting the Party at Fault
We will then write a letter of claim to the person or company who is at fault for the accident. This letter explains why they were at fault and asks them to inform their insurance company.
The Insurer Considers your Claim
The insurance company will look at the circumstances of the accident and then decide whether fault is admitted or your claim is disputed.
Fault is Admitted by the Insurer
If fault is admitted straight away then we will get medical evidence in support of your case. You will be examined by an expert Doctor or Surgeon who will prepare a report describing your injuries. We will also gather the evidence to claim your out of pocket expenses such as loss of earnings etc.
Once we have the medical evidence in support of your case and the documents to claim your out of pocket expenses then we will send this information to the insurers so we can get you compensation. We will then advise you about any offers of compensation and whether they are reasonable. If your injuries are severe then it might be best to wait and see how long it takes you to recover. If this is the case then we should be able to arrange an interim payment to tide you over.
Fault is Denied or the Insurer Disputes the Amount of any Compensation
Often insurers will not admit fault for the accident or they might try and get away with paying you less than your claim is worth. This is common even when a person has a good claim because insurers make more money for their shareholders if they pay out less to injured people. If they dispute your case then we will assess your claim and gather extra evidence where appropriate. If your case still has reasonable prospects then we will still arrange for you to be seen by a medical expert.
Legal Proceedings
If the insurers are not prepared to settle your claim for a fair amount then we will issue legal proceedings against the person or company at fault. This is the first step towards taking them to Court.
It is important to remember that over 90% of cases are settled amicably. Even when legal proceedings are started there is plenty of time to reach an amicable agreement so it is unusual for a case to go to Court. However if the insurer continues to dispute your claim then there are occasions when it is necessary to take the case to Court so that a judge can decide the dispute. If your case does go to a trial Winclaim will be with you every step of the way, using our vast experience to guide you.
