What Happens During Your Claim

What Happens During Your Claim

What Happens During Your Claim

  • You will have already rung the Insurance Commission (I.C.W.A.) and advised them of the accident.
  • You telephone us and we take preliminary details from you and make an appointment for you to see us.
  • At the first appointment we discuss all the details of the collision, your treatment and work and obtain your authority to work for you.
  • We advise the Insurance Commission that we are representing you and that they must now contact only us.
  • We obtain evidence from your doctors and evidence about any claim for loss of income.
  • We continue to see you approximately every 3 months for updates on your progress.
  • We begin legal proceedings to ensure your claim is protected from legal time limits.
  • When your injuries have stabilised to a predictable level we take a detailed statement from you to summarise what has happened since the accident (we also start summarising the evidence that we have been gathering).
  • We then set out the things we will be claiming and calculate the value of your claim.
  • The Insurance Commission or its Solicitors will complete documents to tell the Court which parts of the claim they agree with and which parts they disagree with.
  • Within 4 months of the Defence we must arrange an Informal Conference or a Pre-Trial Conference (where we try to mediate a successful settlement with the Insurance Commission’s Solicitors) or tell the Court why we need more time.
  • The Informal or Pre-Trial Conference is an opportunity to try to settle the claim by negotiation. If successful then the claim is finalised. Around 95% of claims are settled now.
  • If unsuccessful, then a date is set where the parties will meet to arrange a date for a trial.
  • We contact and speak to all witnesses and take statements from them so that they may give evidence in Court.
  • The trial takes place and all witnesses provide evidence and are questioned by us and the Insurance Commission’s Solicitors. The Judge then makes their decision.