If you have had a car accident you might decide not to make an injury claim. This is because the compensation rules are changing and making people more cautious about claiming. If you want to make a ‘no win, no fee’ claim you will be running the risk of having to pay the court fees yourself, should the court rule against you. This means that if your case is marginal and possibly not likely to win you any money, then you will probably decide that it is too risky to take to court.
In the past the insurance companies paid the fees whether the case was won or lost, but new government rules mean that insurance companies only have to pay the costs if the court case is won by the claimant. This is a good thing for drivers because it will mean insurance companies end up paying out less and therefore insurance premiums will go down, However, if you are thinking of suing for an injury caused by a car accident, then you may not want to risk it.
It is worth talking to a lawyer though because even injuries such as whiplash are likely to pay out some money. As long as you have been to a doctor and have medical proof and you have been inconvenienced as a result of the injury, there is a likelihood that you will get some compensation. Ask your lawyer to talk you through other similar cases that have been won or lost and this will allow you to make an informed decision as to whether to go ahead with the claim.
It is worth also finding out how much you are likely to have to pay out should you lose the case. You will need to make sure that you have enough money to cover these fees. You never know for sure whether the case will be won or lost and if you find yourself in a situation of having a huge bill that you cannot pay, then you could be in serious financial trouble. You will also find it stressful and it may not be worth even proceeding if you risk being in this situation.
This situation just means that people will need to think a lot harder about whether they are going to take cases to court. It is important to think hard about the consequences of doing so and assess the risk before you go ahead with the claim. It can be a inconvenience to do this but it can save you a lot of stress in the future.