When it comes to making a personal injury claim, the best course of action is to instruct a specialist solicitor: preferably one who operates on a No Win, No Fee basis. This ensures that your legal rights are upheld and simplifies the claims process, which in turn increases the likelihood of a successful outcome. Opting for a solicitor also ensures you don’t get bogged down in complex paperwork and legal administration. To put it simply, using a solicitor to make a personal injury claim is the most efficient way to proceed.
However, you don’t technically have to involve a solicitor. You actually have the statutory right to pursue a personal injury claim by yourself. This process is known as acting as a litigant in person.
Perhaps surprisingly, many people want to handle their own claims. Some believe that the legal process isn’t as complicated as it seems, whilst others think that going solo might bring about a better chance of success.
If you choose to act without the help of a solicitor, you will be dealing directly with the insurer’s claims department. This approach is only advisable if you are confident in your ability to navigate the claims process and assess whether you are receiving a fair amount of compensation.
It’s worth noting that you’re likely to receive a higher amount of compensation if you opt to use a solicitor than if you were to go solo. A solicitor’s experience when it comes to securing compensation is invaluable, and you’ll usually receive a higher settlement even after deducting their fees.
In this guide, we will detail how the self-representation process works, the issues you may face, instances where making a claim yourself may be applicable, and why opting for an experienced solicitor is usually the preferred option.
Making A Claim Without a Solicitor
If you do decide to proceed without a solicitor, you will be dealing directly with the responsible party’s insurance company. This process typically involves:
Reporting The Incident To The Insurer
To begin, you will need to notify the insurer of the incident, providing all necessary information and supporting details to substantiate your claim. This includes the date, time, and location of the incident, plus any other details concerning what happened.
Supporting With Documentation
You will need to back up your claim with relevant documentation like witness statements from the event, medical records from a qualified healthcare professional (confirming the extent of your injury), and bills, receipts, and proof of any lost wages to demonstrate the financial impact that the incident has had on your life.
Being Prepared For A Medical Examination To Be Conducted By The Insurer
Even if you provide a medical statement, you should be prepared for the insurer to arrange for their own medical examination by a doctor of their choosing. This isn’t because they don’t trust your character, but it is usually because they want to have someone from their side to clarify the severity of your injuries.
Being Prepared For Pushback
We will break down common tactics deployed by the insurer later on, but it is quite common for them to scrutinise every aspect of your claim. Ensuring your claim can withstand the harshest scrutiny is something you have to plan for.
Accepting or Renegotiating the Settlement Offer
Once the investigation is out of the way, you may receive a settlement offer. Naturally, this is the time when you must either accept or decide to pursue further negotiations.
Common Insurer Tactics
Insurers will usually try to get you to accept a lower offer than you are entitled to, or encourage you to abandon your claim entirely. Some common tactics include:
Disputing Liability, Despite Clear Evidence
You should expect pushback even if you provide clear and accurate evidence. Insurers will often try to poke holes in your claim, so it needs to be watertight.
Downplaying or Undervaluing Your Injuries
Don’t expect any sympathy from insurers; they will do everything in their power to downplay, invalidate, or undervalue your injuries in an attempt to reduce their liability.
Using Statements Or Other Evidence Against You
While you can compile a body of evidence and statements to support your claim, the insurer can do the same to discredit you. Although it’s expected, having statements used against you can be disconcerting, and you may need to seek expert advice.
Lowball Offers
Initial offers are usually low. Insurers do this because they know many claimants want a resolution as soon as possible, so the lure of an immediate payout is tempting. However, the first offer is rarely the best offer. To secure the best compensation amount, multiple revisions and negotiations are typically required.
Slow Responses or Intentionally Delaying The Process
Don’t expect the claims process to be quick. It is very common for insurers to stretch out the process for as long as possible. They may be slow to respond to emails, delay presentation of evidence, and question every facet of your claim to frustrate you and encourage settlement at a subpar value.
Pre-Medical Offers
Insurance companies frequently make what are known as pre-med offers. These are offers of compensation to settle your claim before you get a medical report investigating your injuries. They are generally prohibited, and in a claim where the injured person represents themselves, they are morally questionable. Nevertheless, insurance companies still frequently make them. The reason they make them is because they believe that, in many circumstances, the amount of compensation you are entitled to is likely to increase once you have a medical report.
Medical reports are very important because they allow the injured person to understand their injury and whether there are any long-term consequences, such as arthritis that might develop. Suppose you have received a pre-medical offer from an insurance company, then you should think very carefully about whether to accept it and the risks involved. Insurance companies rarely explain those risks to you when they make the offer. The Claims Partnership are happy to offer free advice and a valuation to anybody who has received a pre-medical offer from an insurance company.
Disadvantages Of Claiming Without A Solicitor
No Prior Experience
Unless you work in the legal sector, you’re unlikely to have any prior experience of handling legal claims, never mind navigating them successfully. Experience is crucial to your chances of success.
Not Knowing What Evidence To Collect and How
It’s one thing to know that you have to collect evidence, but doing so is another thing entirely. Identifying and gathering the best forms of evidence to support a claim can be daunting. This is why an experienced legal professional is recommended, as they will know where to look.
Potentially Accepting Lower Settlements
Accepting a lower settlement offer than you are entitled to is a major risk. The settlement is arguably the biggest motivator behind your claim, so underselling yourself is a big loss. A solicitor can assist you in negotiating a more favourable settlement.
Not Fully Understanding The Damages You Are Claiming For
Personal injury compensation can go beyond physical injury and include costs like loss of wages. Without the relevant knowledge, you may be overlooking vital elements of your claim, resulting in much lower compensation figures.
Inability To Negotiate Effectively
Not everyone is a master negotiator, and trust us when we say that negotiating with an insurer can be challenging for the inexperienced. Having proven negotiation skills is important for securing the correct amount of compensation.
Why Might You Decide to Claim On Your Own?
It is generally advisable to seek legal advice when making a personal injury claim. However, there are particular instances when making a claim yourself could be feasible.
For Minor Injuries, Where There Is a Quick and Clear Path To Resolution
If you suffered a relatively minor injury that healed quickly and the impact was minimal, claiming on your own could be advisable. If there is a clear path to a solution, with cast iron evidence pointing to an inevitable conclusion that cannot be disproven, then you could decide to go it alone..
When Fault is Admitted Straight Away and A Fair Offer Is Made
Potentially, the most obvious time to claim on your own is when the insurer admits liability immediately and then makes a fair offer. However, the biggest issue with this is having a thorough understanding of what constitutes a “fair offer”. This is why many claimants still consult a personal injury specialist to ensure the offer is reasonable.
If The Claim Value Is Low, and You Are Extremely Comfortable With The Paperwork Procedure
If the claim value is less than £1.500 (otherwise known as a small claim), you may have more success claiming on your own. Claims of less than £1,500 may be allocated to the Small Claims Track, which is designed to simplify the claims process. However, this is not guaranteed, and you will still need to be comfortable with the process of filing and completing essential paperwork.
If the Claim is a Soft-Tissue Whiplash Claim
If you have been involved in a road traffic accident that wasn’t your fault, and suffered a whiplash or soft tissue injury in your neck or middle/lower back that resolved itself within 12 months or so, then the claims process might be straightforward enough to attempt yourself.
Why You Should Use A Solicitor
All told, there are many reasons to make your claim with the assistance of a personal injury solicitor. This includes:
It’s Your Best Chance of Getting A Higher Payout
Using a solicitor will increase your chances of receiving a higher payout. As mentioned previously, the compensation payouts secured by solicitors are often higher, even after their costs are factored in. This is because solicitors are usually more skilled at more skilled – at compiling and managing the evidence, including knowing which evidence is important and which evidence might be counterproductive. They also ensure the payout covers eligible damages like loss of earnings and the extra cost of care, as well as considering the future financial impact associated with making the claim.
It’s Less Stressful and Lower Risk
Making a personal injury claim can already be stressful, so why would you want to make it even more stressful? Claiming on your own is often significantly more draining, especially compared to having a solicitor shoulder the burden.
You Get Help With Gathering Comprehensive Evidence
For your claim to be successful, you will need the evidence to be as robust as possible. Gathering evidence that stands up to this level of scrutiny can be challenging, but an experienced solicitor is adept at gathering comprehensive evidence, massively increasing the likelihood of a successful claim.
You Can Draw Upon a Wealth of Knowledge
Navigating a personal injury claim can be a minefield, and deciphering all of the different legal regulations and jargon can be bewildering. An experienced solicitor can break it down and simplify the process, meeting deadlines and explaining each stage.
Final Thoughts: Should You Claim Without A Solicitor?
In conclusion, unless your case involves a straightforward, low-value claim with clear liability, it is generally not recommended to pursue a claim without guidance from an experienced legal professional.
Generally speaking, working with a solicitor is not only the most effective choice, as your claim is more likely to be successful and include a higher compensation amount, but it is also the safest and least stressful option.