What happens when you file a claim for personal injury where you are not at fault?

I had a collision with a car while I was on my bike and was injured. Police were at the scene and took statements. The car driver was at fault. I’m going to file a personal injury claim but don’t really know what happens.

Can someone who’s been through this kind of thing give me details of what goes on?
Will the driver have to be convicted of driving without due care and attention or can I claim without a conviction?

It would be helpful to hear from those in the UK. Thanks.

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One Response to What happens when you file a claim for personal injury where you are not at fault?

  1. rickinnocal says:

    The issue of the drivers civil liability to you for your damages, and his criminal liability for not following the traffic laws are unrelated. (although his getting cited and/or fined helps your case)

    The process, for you, is that you simply present him with a claim. Write him a letter setting out what you believe he owes you. At this point he has three options.

    He can pay you himself, in which case it’s all over.
    He can pass the claim on to his insurer. At that point they will contact you. They may pay you, in which case it’s all over. They may make a counter-offer, which you can either accept, or try to negotiate higher. Or they may deny your claim completely.
    His third option is to just blow you off himself.

    If he or his insurer deny your claim, then you sue him. Unless it’s for a lot of money you can do this in small claims court, where you don’t need a solicitor. Here… http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm is a CAB site explaining the small claims process.


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