Frequently asked questions

Table of contents

Motorbike accidents

• As I was leaving a supermarket car park I skidded on some loose chippings. I fell off my bike and broke my arm. The accident was not on a road. Can I still claim?

  Yes. Landowners and occupiers, including supermarkets, have a duty to ensure their land is safe for the public. Accidents should be reported as soon as possible to the store manager, and a note made in the store's accident book.

• I had an accident after sliding on some oil on the road. I don't know who left it there. Can I still claim?

  The council/highway authority has a duty to ensure that roads are safe. If they have previously been notified of a spillage and not made reasonable steps to clear it, you may well have a claim.

• There was a pothole in the road which caused me to fall off my bike. I was injured, but now the council has filled the hole. Can I still claim?

  Local Authorities and Councils have a legal responsibility for the maintenance and upkeep of roads and pavements .You may well be able to bring a claim. Our specialist lawyers will be able to advise you. Call the helpline on 03700 86 86 86 for a free consultation.

Motoring law abroad

• Will my compensation be different?

  It could be, depending on which country you were in and – if you were on holiday – how you booked it: a package or independently. Contact us for further advice.

• Can I claim for my injuries abroad?

  There are laws abroad and in the UK to protect you and compensate you for your injuries. It is critical you contact us as soon as you can.

• Will my insurance be affected?

  It may be, and you must check with your insurance company, giving full details of the offence and any penalties.

• Will points count on my UK driving licence?

  No.

• Will a prosecution affect my UK driving licence?

  No.

Motoring offences

• I have received a NIP asking me to confirm who was driving at the time of the offence, but I can't remember who was driving at the time.

  Unfortunately, if you cannot remember who was driving the vehicle and fail to respond to the question you may leave yourself open to being charged with failure to identify driver. This carries a fine of up to £1,000, six penalty points, and possible disqualification.

• I have been charged with speeding after being photographed by a speed camera, but don't believe I was speeding at the time of the offence.

  If you dispute the offence you can request a copy of the photograph showing your vehicle's speed. You can also request a camera calibration report showing the last time the camera was checked.

• I have received a NIP six months and a day after the offence. Is it still valid?

  Assuming there was no good reason for the delay, i.e. the DVLA had the correct address, the NIP is invalid.

• I have received a NIP. Can I go on a speed awareness course/National Driver Improvement Course rather than receive points?

  These schemes are not available in all areas and are discretionary, so may not be offered to you. However, you can contact the issuer of the NIP and ask whether the scheme is available in your area.

• I have received a fixed penalty notice for speeding and already have nine penalty points. What will happen?

  Because you already have nine points, you risk losing your licence under the totting up rule, and you will have to attend a court hearing. If you are found guilty, it will then be decided how long you will be disqualified for and whether you must pay a fine.

Road traffic accident compensation

• What if I don't think your valuation is enough?

  As we've said, our advice on the value of your claim is based on what we'd expect you to receive if you had your claim assessed by a judge in court. Although we always pursue the highest amount we can for you, we must also manage your expectations about what you are likely to receive. If you are unhappy with our valuation this will be reviewed by a senior member of the team and further advice given on the options available to you.

• Do you need documentation to prove my financial losses?

  Yes. The more detailed documentation you can provide, the more likely we are to be able to make a full claim. However, if no documentation is available we can still submit the claims and try to negotiate a reasonable settlement figure.

• I was in a car accident and had a passenger. Will we both receive the same amount of compensation?

  No. Again, each claim is treated on its own merits, and it is often the case that two different people will respond differently/suffer different injuries/symptoms, even though they were involved in the same incident.

  The financial losses may also be completely different for each individual claimant.

• Is there a 'standard' amount of compensation?

  No. Each claim is assessed on its own merits and whilst there are broad brackets which can be applied to certain types of injury, the specific facts of each case will be considered when a valuation is assessed.

Service features

• How do I know you're the right solicitors for me?

  Our lawyers are specialists in their fields. Whether it's a specialist you need for an injury, defending a traffic summons, or trying to resolve a claim for the faulty motorbike you brought, we'll make sure the lawyer with the right expertise advises and guides you through your case.

• I'm worried about going to court?

  Not all cases go to court. The majority can be sorted out by sensible discussion and mediation. If we do have to present your claim in court, please remember that few claims go to a final hearing. If yours does, we will be there all the way to guide, support and prepare you.

• Don't lawyers only work 9 to 5 Monday to Friday, i when I am at work?

  We are people who understand what real life is about and the challenges it presents. It's our aim to guide you and make sure you feel comfortable and at ease with the decisions we reach jointly throughout the course of your claim. We want to work with you to reach a mutually satisfying conclusion.

• Aren't lawyers intimidating and speak in a way I won't understand?

  We are people who understand what real life is about and the challenges it presents. It's our aim to guide you and make sure you feel comfortable and at ease with the decisions we reach jointly throughout the course of your claim. We want to work with you to reach a mutually satisfying conclusion.

• I'm concerned about the cost. Don't lawyers' charges add to my problem?

  We understand that clients worry about fees. We will speak to you without charge to see if your query needs a lawyer. If it does, we will discuss all options openly with you and offer a range of transparent options. It is not our aim to add to your worries.

Supply faulty equipment & vehicles

• I just bought a brand new car under a hire purchase agreement and when I took delivery of the car I noted there was damage to the paintwork, as well as other minor defects. Can I take the car back?

  When purchasing a new car under a hire purchase agreement it is subject to terms included within the agreement. The purchase will also be protected under the Sale of Goods Act. Therefore, there is a legal duty of the car to be of a satisfactory quality, as this is not the case you will able to cancel the contract. You will need to discuss the issue with the hire purchase company and inform them of the issue as soon as possible with a view to cancelling the contract or having the defects rectified.

• I purchased a car from a private trader, which was advertised 'sold as seen'. It is not working. What can I do?

  As the car was purchased from a private trader and was advertised as 'sold as seen' your rights are limited. When buying privately the law works on the 'buyer beware' principle. In this instance, unfortunately, you would have no grounds for recompense. On the other hand, if the car had been advertised as being in 'excellent condition' there may have been grounds for a claim for misrepresentation.

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.

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