Please note the information below is for road traffic accident claims only.
Click here for information on flight delay compensation.
Click here to read our legal phrase jargon buster.
The Claims Process
What Information Do I Need To Give You To Start My Claim?
We just need a few simple details to get your claim started. Just choose the most convenient way for you to get in touch: You can enter your details on our Request a callback form, or speak with our Customer First Response Team.
They are available to talk from 8am to 8pm Monday to Friday and 10am to 4pm, Saturday from 9Am to 5pm, and Sunday from 10am – 4pm. Our team will be able to advise you if you can claim compensation.
What Happens After I Instruct You To Claim On My Behalf?
Once we’ve received a signed copy of our Terms and Conditions from you, we’ll start to work on your claim straight away. We’ll collect all the necessary information from you by telephone and email, and will go on to present it to the defendant’s insurance company so that we can get your claim started as soon as possible.
Will My Details Be Kept Confidential At All Times?
As solicitors we have a duty of confidentiality; we’re not allowed to disclose any of your details without your permission. We take excellent care of any sensitive information that you pass on to us. You can rest assured that only our solicitors and specialist qualified support staff will be dealing with your case.
How Do I Get An Update On My Claim?
The personal injury claim process, as set out by the judiciary, allows for time protocols which have to be observed by both sides. This is in order of fairness, allowing both sides to investigate and gather their evidence at every stage.
Unfortunately there are no opportunities to speed a process up and either side may use the entire timescale allowed before responding to the other side. During this period there may be no updates that we can provide you with until the deadline arrives which we advise you of when we enter each protocol phase.
There are also other timescales to consider such as medical assessments and treatments so that all costs and factors are included within a claim so that we get the very best compensation amount due for our clients.
The majority of our claims fall within the anticipated time-frame and in most cases, we will not contact you unless there are any developments you need to be aware of.
More Information
My Claim Has Settled But I Am Still Waiting To Receive Payment
Please allow 4-6 weeks for the other side to make payment to us. Once we are in possession of your compensation, please allow at least 24-48 hours for the payment to be processed via BACS.
If you have requested your compensation via a cheque, please allow 7 working days for it to come in the post. Please check that the address we have on file for you is your current address and let us know if this needs changing and we will get a new cheque out to you.
What Do I Have To Do During The Claim Process?
Very little. We take the complicated legal process out of your hands so that you can concentrate on getting your life back to as normal as possible. We’ll let you know the information we’ll need from you at the start of the claim, so all you’ll have to do is attend the relevant medical assessments and rehabilitation sessions that we set up for you.
If we need any more details from you as your claim develops, we’ll let you know by telephone or email. It is extremely rare for a claimant to have to appear in court, less than one percent of cases result in trial.
Will I Have To Fill Out Lots Of Paperwork?
We will need you to fill out a certain amount of paperwork, but we try to keep this to a minimum. The purpose of the paperwork we send is to make sure that we have all the information we need to get you the maximum compensation you’re entitled to. If there’s anything about any of the documents that you are unsure about, we’re on hand to give you all the advice you need to fill them out correctly.
Will I Have To Come To Your Offices?
In the majority of cases your solicitor will not have to meet with you face-to-face and you will not need to come to our offices. In some, more serious cases however we may send the solicitor dealing with your case to your house to discuss matters in more detail.
Will I Have To Have A Medical?
We always advise that you receive a medical assessment in order for us to recover the appropriate amount of compensation for your injuries. We’ll arrange your medical appointment for you at a location that’s as convenient for you as possible.
Find out more about medical assessments
Will I Have To Go To Court?
Almost certainly not. For the vast majority of our cases, a claimant will never have to appear in court. However, it does remain a small possibility for, particularly serious or complicated cases. In the unlikely event that you did have to appear in court, then your lawyer would be present with you every step of the way to make the process as simple and stress-free as possible.
Court proceedings can be issued for a number of different reasons, the most common reason is because the third party insurance company have denied liability or are unwilling to settle the claim.
If your case is set down for a trial then yes, you will have to attend, however, we will fully explain this to you and we will instruct a barrister to act on your behalf.
Why Choose Bott and Co?
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A History of Success
We have helped our clients claim over £120m in compensation over the last twenty years.
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Expert Legal Advice
Recognised not just within our industry but also by Martin Lewis as “pioneers” in our field.
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On Your Side
Completely independent, our only focus is helping you claim for what you are legally entitled to.
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Fully Regulated
We are members of the Solicitors Regulation Authority. Your claim is in safe hands.
How Long Will The Court Case Take To Resolve?
It can be difficult to advise on a set time frame as ultimately, every claim is different however, there are set time frames within the court process.
When proceedings are sent to the court it can take 2-3 weeks for the court to confirm the proceedings have been received and to issue them.
Once proceedings have been issued then the defendant (third party insurance company or their solicitors) have 14 days to acknowledge they have received the proceedings and a further 14 days to file their defence.
The next step would be to file a directions questionnaire, this is a court form which asks various questions about the case. Once this is filed with the court it can take 6-8 weeks for us to receive Directions from the court.
Directions from the court usually come as a time table when certain aspects are to be completed such as witness statements etc and most importantly a trial date or trial window. The total time frame for directions only is 30 weeks.
Taking all of the above in to consideration, the court proceedings process can take up to 10 months to reach a conclusion however, we will endeavour to settle your case at every possible opportunity.
How Long Will The Claim Take From Start To Finish?
Every case we work on is unique which means it is impossible for us to tell you exactly how long your claim will take. We have settled some cases in as little as two months, whereas other claims have taken several years. Sometimes a seemingly straight forward claim can turn into a more complicated and lengthy case because a person’s injury has gotten worse over time.
What we can do however is to tell you straight away whether or not we think you have a claim and to promise to do our best to settle your claim as efficiently as possible. If you’re looking to complete your personal injury claim as quickly as possible, there are few firms in the UK that can match Bott and Co. Our significant investment in IT, coupled with our decades of combined experience has made us one of the most productive personal injury firms in the UK, coming in 4th in a study by The Lawyer UK200.
How Many People Do I Have To Speak To About My Claim?
If you’ve had an accident or injury, you’ll know the catastrophic effect it can have – not only on your life but on your loved ones too. We understand that choosing the right solicitor is a personal choice and one that’s not to be made lightly.
When you choose Bott and Co, you choose to have your own dedicated lawyer to be there to support you sympathetically and with respect, from the moment you begin your claim, to the day that your compensation is paid into your bank.
What Is A Defence?
A ‘Defence’ is the defendant’s response to your claim and will outline any reasons as to why they have not yet settled your case.
If I Don’t Understand Something, Can I Talk To My Lawyer At Any Time?
From the first call, you’ll find a personable, friendly and experienced claims handler ready to understand the nature of your claim. We’ll always try to make the claims process easy to understand, but if you ever have any questions at all you can contact the person dealing with your claim by telephone or email.
You don’t need to worry about checking in to find out how your claim is getting along; we’ll keep you up to date on the status of your claim through emails, letters and telephone calls. We will advise you of the stage your claim is at and the likely next steps.
Looking Out For Your Best Interests
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No Win No Fee
Our No Win No Fee promise means you are at no financial risk if you decide to make a claim
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Interim Payments
We can provide an advance compensation payment where applicable
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Same Day Payments
We make immediate, sometimes same day payment upon settlement of your case
How Much Compensation Will I Receive?
Compensation amounts vary depending on the case and the nature of the injuries sustained. What we can guarantee you is that nobody will fight harder to ensure you receive the maximum compensation available.
Find out more about compensation amounts for road traffic accident claims.
How Quickly After My Claim Is Settled Will I Receive My Money?
The amount of time between your case being settled and the moment you receive your compensation can vary, but it normally takes around 4-6 weeks, if not sooner. The compensation is paid by the defendant’s insurance company so we have to wait for them to release your cheque before we can send it to you.
How Is My Compensation Amount Decided?
The introduction of the Civil Liabilities Act 2018 in June 2021 means that whiplash injuries are now treated differently to other injuries.
The Act, also sometimes known as the “whiplash reforms” has changed the way compensation is paid for whiplash. The reforms define whiplash as “a soft tissue injury or a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder.”
For these injuries, new compensation amounts have been put in place. These amounts are based on the duration of your injury.
For all other injuries, the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases set out the amount of compensation due for each type of injury. In addition lawyers review previous cases that have been before the court, we call these precedents. Your solicitor will refer to these guidelines to establish a general ballpark figure of how much your claim should settle for in light of the injuries you sustained.
The final amount of compensation you settle for will depend on a combination of factors including whether you reach a split liability agreement and whether you previously suffered from any health conditions.
The way that we work means that we only get paid when we have settled your claim. That means we are highly motivated to secure you the best settlement that we can.
Find out more about compensation amounts for car accidents.
Find out more about compensation amounts for whiplash.
Find out more about compensation amounts for cycling accidents.
Find out more about compensation amounts for motorcycle accidents.
What Are The Judicial College Guidelines?
The Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases set out how much compensation can be claimed for the many different types and severity of personal injury.
The guidelines go into almost every kind of injury that can happen to every part of the human body and are used by your solicitor to establish how much compensation you should be able to claim for each injury.
What Other Compensation Can I Claim For?
The law seeks to place a person back in the position that they would have been in had their accident not occurred. This means that you can claim for any money that you lost or had to spend because of your accident, including but not limited to; rehabilitation, loss of earnings, care, medical treatment, medication, gardening and DIY services and travelling costs. When we accept your claim we will advise you to keep a record of any financial losses following the accident, so we can add this amount to your final compensation amount.
Award Winning Customer Service
Our experienced expert legal team is ready to take your call.
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Free Consultation
Contact us and find out if you can make a claim and how much it might be worth.
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Tailor-Made Claim Process
We adjust our simple claim process to fit your personal needs and requirements
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Comprehensive Support
Immediate access replacement vehicles, physio and medical support
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Stress-Free Claim Management
Choose from a selection of ways to keep up to date with your claim.
I Would Like To Claim Loss Of Earnings As Part Of My Claim, What Do I Need To Provide To Support This?
To support a loss of earnings claim, what we require from you is dependent on your type of employment.
If you are employed, we would require you to provide the following:
If you are self-employed we would require you provide the following:
I Want To Include Damaged Items As Part Of My Claim, What Do I Need To Send To Evidence This?
If you wish to include damaged items within your claim, we require:
What if I don’t have the above?
We request you send any evidence that you are able to, however, we have to manage your expectations in that we may not be able to recover this for you.
I Have Received An ‘Interim Payment’, If I Bank This, Does This Mean I Am Accepting This A Final Offer?
No, an interim payment is made as partial settlement of your claim whilst we look to pursue a further amount for you.
I Have Received An EX160 Form Asking For My Income And Savings Details, Why Is This Needed?
The EX160 Form is a court document that we are required to submit for every client whose case we issue proceedings on. The purpose of the form is to show whether you could have afforded to pay the court fee.
Bott and Co will pay the court fees on your behalf however, if you meet the criteria for exemption then this fee will be refunded to us by the court. If you do not meet the criteria for exemption then this means the defendant will be required to pay the court fees back to us at the conclusion of the case.
We can assure you that any information provided on the form will be viewed by the court only and will not be provided to any other parties. We understand the information requested is extensive however, this a court requirement and we have an obligation to provide this information to them in order to correctly conduct your case.
Why Do You Have To Make Enquires About My Vehicle If You Are Only Dealing With The Personal Injury Claim?
Whilst we will always endeavour to settle your claim at an early stage, in some instances it is necessary for us to issue court proceedings as a part of your case. There can only be one legal action made in your name against the third party driver/insurance company and therefore, any losses that may have been incurred in your name will need to be included.
This means that any vehicle repairs or hire costs that are in your name must be included in any legal proceedings we issue.
If we do not include these costs then the company who dealt with the vehicle and hire, whether that be your insurance company or an accident management company, will be barred from issuing their own proceedings so are entitled to approach you for any outstanding costs.
I Have Received Correspondence To Say An Agreement Figure Hasn’t Been Reached With The Third Party, What Does This Mean?
Whilst we will endeavour to negotiate the best possible settlement for you, sometimes we cannot reach an agreement with the Third Party Insurance Company and the negotiations are at a stalemate. This will mean that we will need to take further action against the Third Party insurance company namely, issuing court proceedings in order to get you the maximum amount of compensation we believe you are entitled to.
I’m Not Happy With The Value That You Have Provided, Can This Be Reviewed?
The valuation we have provided for you is based on the medical evidence we have compiled to support your case. We use previous case law and judicial guidelines alongside your medical evidence to reach the valuation figure.
It is our duty to manage your expectations in terms of your compensation award and unless there is an aspect of the medical evidence that is fundamentally inaccurate then the valuation we have provided will not change and this is the award we would expect to achieve if you case was presented to a judge.
Will I Receive Any Help In Recuperating From My Injuries?
Yes. We’ll arrange for your medical assessments and any physiotherapy or rehabilitation that you might need. The costs of these services will be presented to the other side, so you don’t need to worry about the cost of any treatment or medication that you receive, as long as this is deemed necessary and reasonable in price.
Physiotherapy Is Included In My Schedule Of Losses, I Thought I Don’t Need To Pay For This?
No physiotherapy costs will be deducted from your final settlement, we are obliged to recover any physiotherapy on behalf of the physiotherapy provider but this is included as a separate head of loss and is not deducted from your final compensation amount.
Can I Claim For A Child?
Yes. If the claim is on behalf of someone still under the age of 18, they will need to appoint a litigation friend to act on their behalf throughout the duration of the case.
If the claim is for someone who is now an adult but was under the age of 18 when the accident happened, then that person is still able to claim for themselves.
Can I Claim On Behalf Of A Member Of My Family?
You can only claim for a member of your family who is over the age of 18 if they tell us directly that they’re happy for you to make a claim for them. We would normally recommend that the injured party is the person that makes the claim but if they would prefer you to do it on their behalf, this can be arranged.
What Is A Litigation Friend?
We will appoint a litigation friend to make decisions in a personal injury case where the person making the claim is either:
A Litigation Friend Can Be:
A litigation friend will act in the other person’s best interests, do everything possible to keep them informed about what is happening in the case, find out their wishes, discuss matters with the solicitor and pay any costs ordered by the court. If there is a court hearing, the litigation friend will have to attend.
Can You Take Over A Case From My Current Solicitors?
Yes. In most circumstances, we can take over a case from your current solicitor, but this does depend on the exact circumstances of your case and the stage that it is currently at. You can always call us to ask whether we can take over your case; our advice is free and you are under no obligation.
What Happens If I Change My Mind About Claiming?
You have the right to change your mind about claiming and can do so by contacting your lawyer and instructing them to stop working on your case. However, if you do change your mind about claiming before the case has been settled, you will be required to pay for the work that we have carried out on your behalf.
It’s important to be sure that you want to make a claim before you instruct us to start working on your case. If at any point you have any doubts or concerns about your claim you can contact your dedicated lawyer, who will be able to provide you with all the information and advice you need for peace of mind.
What Is The RTA Portal?
The Claims Portal was introduced by the Government in 2010 to be used by all parties involved in settling certain types of personal injury claim, including road traffic accidents. It is a secure online space where all parties involved in a case can communicate and share information to settle road traffic claims in the most time and cost-efficient way possible.
What Does Dropping Out Of The Portal Mean?
A claim will not continue in the web-based portal when either the insurer thinks the accident was partly or wholly your fault, or because they did not respond in a timely fashion. Your claim will continue but in a more traditional paper-based format.
Speak to our award winning legal team now by calling 01625 415 850 or request a call back.
Medical Assessments And History
I Have Received My Medical Report However I Don’t Agree With The Contents, What Do I Do?
Please note any amendments in relation to challenging the medical expert’s opinion cannot be amended within your medical report. If you have any other amendments, please ensureyou send these over to us in writing via email and a member of our Team can review for you. We are only able to accept comments in writing, we won’t be able to take these over the telephone. We aim to respond to emails within 2 working days. Our email address can be found on our website or any previous correspondence.
I Have Received My Medical Report Via Safedrop, How Do I Provide My Agreement To The Documents?
We can take your agreement via email, we just request that you copy and paste points from our email into your reply and insert YES next to each of them. Please see example below:
Dear Bott and Co,
Thank you for your email enclosing my medical report, I can confirm my agreement below:
1. You have read the attached report in full – Yes
2. You agree with the contents of the medical report and believe it is factually accurate – Yes
3. You are happy for the report to disclosed to our Opponents – Yes
4. You agree with the minimum valuation of £XXXXX (subject to our deductions as agreed at the outset of your claim) – Yes
5. You agree that the attached Schedule of Special Damages includes all of your additional heads of loss that you wish to be recovered – Yes
6. You are happy for us to take appropriate action and issue Court Proceedings on your behalf in the event that we are 7. unable to successfully negotiation with our Opponents. – Yes
I Have Received My Medical Report Via Sinerix, How Do I Provide My Agreement To The Documents?
Once you have been sent some documents via email you will be presented with a link to log into Sinerix to view these documents. You will be required to log in using your name and tick the box to confirm you are ready to proceed. The documents for review will be in a list for you to work through, there should be 3 documents in total.
Letter enclosing medical report with information regarding the value of your claim (1):
You should read the contents of the letter carefully and choose one of the following options at the end of the letter. 1) Agreement or 2) Do not agree. If you choose option 2, you will be presented with a box to provide your reasoning. Please note we are only able to amend factual errors rather than the expert’s opinion. Once this has been done, you will need to select “Submit” in the top left-hand corner.
Medical Report Attachment (2):
Please read through your medical report in full to ensure this is factually accurate. You will then be presented with a box to provide your eSigniture and apply this to the document. Followed by “Submit” in the top right-hand corner. This provides your full agreement to the value of your claim and medical report of your injuries.
Schedule of Loss (3):
This should include a list all losses you wish to include within the claim. You will then be presented with a box to provide your eSigniture and apply this to the document. Followed by “Submit” in the top right-hand corner. This provides your full agreement to the schedule of loss to include within your claim. Please see question 4, for more information on losses. Once all documents are presented with a tick – you are now ready to submit these documents over to us for the Team to review.
I Have Losses Because Of The Accident, Am I Able To Include These Within My Claim?
At the outset of your claim, we will send you an Expenses Questionnaire which will outline in detail everything you are entitled to claim for. You will also have an opportunity when you receive a copy of your medical report which will include a schedule of loss form which will allow you to list all the losses you have encountered because of the accident. If you have already had sight of your medical report or are waiting for this, you are more than welcome to send these losses over to us as soon as you have all supporting documents. We accept all evidence via email, so we can save this directly to your file. Below are some examples of the losses you may have, and the evidence needed to include this loss within your claim:
Loss of earnings: If you are employed, we require 3 months’ payslips from before the accident and the time you were absent. If you are self-employed, we require the last 3 years’ worth of tax returns and profit/loss accounts. If you have any additional information to support this loss such as a letter from your employer or any sick notes, we are happy for you to send these over also.
Damaged items: If you have any items which were damaged in the accident, such as clothing, car seat, mobile phone etc, we require a photograph of the damaged item along with either the original receipt of purchase and/or a screenshot of a like-for-like item online.
Travel Expenses: These can range from additional fuel expenses for attending the hospital, your GP, your medical appointment, and any rehabilitation provided to the cost of using public transport whilst your vehicle is off the road. Please keep a record of all your journeys made (mileage) and retain receipts for parking tickets, bus tickets, rail cards and taxi receipts, etc.
Vehicle Damage: If you do not have fully comprehensive insurance and have instead instructed a claims management company to deal with your repairs or even paid for the repairs out of your own pocket, please provide us with full details in order that we can include the cost in your claim.
Hire Vehicle: If you have been provided with a replacement vehicle by a credit hire company, it is of vital importance that you provide us with their details as soon as possible. Whilst the credit hire company will usually attempt to recover the hire charges from our opponents on your behalf, it is important that you appreciate that the hire charges ultimately remain your responsibility and it is of the upmost importance that we do not settle your claim without dealing with this aspect. Please note, we can’t guarantee that we will be able to recover the costs of any losses however we will always try to recover these where we can.
Will I Be Treated At The Medical Appointment?
The purpose of the initial medical appointment is to produce a report for the purposes of your claim. If they need or want medical advice about the treatment of your injuries, you should go to your GP as soon as possible. We would advise clients not to wait for the medical appointment before seeking the help and advice from their own GP.
Communication Regarding The Medical Appointment
All communication relating to the medical appointment should be had with the agency directly and not Bott and Co. This includes changing or amending your appointment date and time.
I Am Waiting For My Physiotherapy Treatment, But I Haven’t Heard Anything.
We have instructed a physiotherapy provider to deal with your treatment for your ongoing injuries. You will have received a letter at the outset of your claim with the contact details on for you to liaise with them directly with any queries you may have. Once you have completed all your sessions, please let us know and we can update your file. If you are authorised further sessions and/or require more as 12 weeks have passed, please email us.
I Would Like To Update You Regarding My Injuries.
If you would like to update us with your injuries, please send this over to us in writing for us to review. Our email address can be found on any previous correspondence which has been sent to you. You will be seen by an independent expert where you will be able to outline all the pain and discomfort following the accident. This will then be recorded in the form of a medical report. It is important to update the expert with all injuries you have sustained.
I Am Awaiting A Payment In Respect Of My Claim / I Have Received A Form Requesting My Bank Details?
At the outset of your claim, we will send a form requesting your bank details, this will be sent to the email address provided to us in the initial call. It is important that the email address you have provided is your own. The form will allow you to fill this out with your account details. This means we will have the details, ready for the conclusion of your claim once we have reached a settlement.
You will receive a breakdown letter of any settlement in respect of your claim once we have reached a conclusion. This will provide a breakdown of the overall payment for your reference. Please allow 4-6 weeks for us to receive payment from our opponents, we will continue to chase weekly for you however it is out of our control with how quickly our opponents raise the payment and we can experience delays. We thank you for your patience and as soon as we receive payment, we will aim to send this out as soon as possible.
I Have Been Referred To a Further Specialist, What Happens Now?
If you are required to be seen by a further expert in relation to your ongoing injuries. For us to be able to make the necessary arrangements for this appointment, we require a copy of your GP and/or Hospital records. This will allow the expert to review your previous medical records prior to the appointment to include within your further medical report. The expert will look at whether there have been any pre-existing injuries which may impact your claim. We would like to reassure you that only the expert will have sight of these as we understand this information is completely private and confidential. To allow us to obtain these records, we require you to sign and return the medical consent form. Please note, if you weren’t required to attend the hospital following the accident you will only need to fill in details of your own registered GP practice. As soon we receive the signed form, we will go ahead and apply for your medical records. Depending on the timescales of your individual practice, it can take anywhere between 4-8 weeks. We will continue to chase every 7 days in the meantime and as soon as we have your records, we will provide you with a further update.
I Have Received Notification That My Claim Has Been Submitted To The Third-Party Insurers, What Are The Next Steps?
The Third Party Insurers have 30 working days to provide a response regarding liability. In the meantime, physiotherapy has been instructed for you and On Medical should be in touch with you shortly if they haven’t been already. We are also able to gather evidence in support of your losses so if you have any losses you wish to include, please provide supporting evidence via email and it will be uploaded to your file. We are unable to chase the Third Party Insurers within this time but once we receive their response, we will update you further.
I Have Received An Offer In Respect Of My Claim And/Or I Am Waiting To Hear Regarding An Offer?
If you have already provided your agreement to the valuation we placed on your claim, then providing an offer is made in line with this, we will proceed to settle your claim on that basis and notify you via email of the settlement amount. If the insurer makes an offer that falls below the valuation we presented and you have already provided your prior authority to make a counteroffer, then upon receipt of the insurers response we will automatically put a counter offer forward with a view to progressing your case. If the final offer from the insurer is received and this still falls below the valuation provided or if you have not provided your agreement to valuation we placed on the claim, then we will contact you upon receipt of the offer to discuss your options and take instructions in terms of how you would like to proceed.
Please note the insurer has 20 working days to reply to the initial request for a settlement offer and a further 10 working days to reply to any counter offers. Its therefore likely to be in
the region of 6 weeks, following your medical evidence being submitted to the insurer, before a final settlement offer is received.
My Claim Has Been Rejected, What Happens Now?
If your claim has been rejected this means we have made the decision your case has insufficient prospects based on the evidence, we have reviewed. We will now proceed to close your file and will take no further action to progress your case. This is only our opinion on the prospects of your case, and should you not be in agreement with the advice provided you are entitled to seek advice from an alternative firm of solicitors.
I Have a Notification That The Third-Party Insurers Have Responded Re Liability, What Does This Mean Moving Forwards?
Admitted Liability: We will instruct a medical appointment with one of our independent medical experts who will be in touch with a suitable date & time. Once we have an agreed medical report from the expert and your physiotherapy treatment has concluded we will then proceed to disclose all evidence over to the Third Party who will make their first offer within 20 days.
Denied Liability: We will assess whether there is any independent evidence to support your versions of events. If there is independent evidence to assist, we will prepare to challenge liability with the insurer and ultimately issue court proceedings if liability isn’t conceded. Following this a medical appointment with one of our independent medical experts will be arranged. If there is no independent evidence to support your version of events, or if on balance, the Defendant’s version of events is more plausible then we may not be able to proceed further with your claim. After a thorough review of all evidence has been completed you will be notified via email of the next steps in relation to your claim.
Partial Admission: We will instruct a medical appointment with one of our independent medical experts who will be in touch with a suitable date & time. Once we have an agreed medical report from the expert and your physiotherapy treatment has concluded we will then proceed to disclose all evidence over to the Third Party who will make their first offer within 20 days.
What Will Happen If The Third Party Fail To Make An Offer Within 20 Working Days?
We will continue to negotiate with the Third Party in attempt to reach a reasonable offer. Each party should respond within 10 days and each party has 3 counter offers to make. We will continue to keep you updated throughout.
It is unlikely, but if the Third Party fail to make an offer during this timeframe, this is when we would look to issue proceedings on your behalf. We would always contact you to discuss beforehand.
I Want To Authorise For Someone To Speak On My Behalf Regarding My Claim:
If you require someone to speak on your behalf in relation to your claim, we will need authorisation over the telephone. We won’t be able to talk to an un-authorised person without your own permission. Once we have spoken to you and the authorised person, we will then confirm whether you want this to remain for the one call or remainder of your claim. We take data protection very seriously and no information will be given out to someone who isn’t authorised on file.
What Is A Medical Report And Why Do I Need One?
A medical report is an official document written by a medical professional who has carried out an assessment of your health, including any injuries you may have sustained as a result of your accident. We need to have a medical report in order to be able to carry out a thorough assessment of your case and to ensure that we are able to recover the appropriate amount of compensation for you.
Find out more about medical reports.
I Have Received My Medical Report Via Email, How Do I Access It And How Do I Send Back My Response?
All of the medical reports we send are via a system called Safedrop.
Safedrop allows for documents to be sent but then automatically deleted after a certain period of time, this enhances the protection of your data. The email we send will enclose a link for you to click, this will direct you to an internet webpage for you to click ‘accept’ on the terms and conditions.
Once you have clicked ‘accept’ you will be granted access to the documents for you to read through. We can take your response to the medical report via email which means there is no requirement for you to physically sign and return the documents. If you are in agreement with the document we request you respond to our email with the word ‘YES’ next to each point listed.
If you disagree with the documents then please respond to our email with the points you disagree with and any amendments that are required.
Find out more about medical reports.
I Have Received Notification From The Medical Agency Requesting My Consent To A Remote Appointment, Should I Agree To This?
Yes, Due to Covid-19 and in order to ensure there are no unnecessary delays to the progression of your claim, your medical assessment can be arranged remotely. The appointment will take place via a video call session on the below time and date.
Please note that depending on the type of specialist conducting the appointment it may not be appropriate for it to go ahead remotely and if this is the case we will advise you of this.
I Have Just Had My Medical Appointment, How Long Will It Take Before I Receive The Report From You?
Once you have attended your medical examination, the expert will create a report to document the examination and provide an expert opinion on your injuries.
We expect the report to be with us no later than 2 weeks from the date of the examination. If there is any delay outside of this then we will liaise directly with the medical agency.
Can I Choose A Doctor Close To Where I Live?
You can’t choose your own doctor but we will arrange an appointment for you, and we will always try to make sure that the doctor is as close to where you live as possible. In the event that you need to drive or take public transport to the doctor, the cost of this can be added to your final compensation amount.
Can I Choose The Doctor For My Medical Assessment?
You can’t choose your own doctor for your medical assessment but you can rest assured that we will choose an impartial medical professional who is situated as close to where you live as possible.
What Is A Medical Agreement Form?
A medical agreement form is the official document that we use to confirm that your medical report is correct, enabling us to use the report to assess the correct amount of compensation that you are entitled to.
What Is Involved In The Medical Examination?
What a medical examination involves depends on your particular injuries. What you can expect are questions about your health before the accident and how your health has been affected by the accident since. The doctor may examine your injuries and ask you to perform a few gentle movements to establish the extent of any damage, in order to be able to provide us with their expert opinion on how you have been affected by your accident.
Read more about medical valuations.
Do You Look Into My Entire Medical History?
In most cases, we don’t need to look at your entire medical history but in some circumstances, where a case is particularly serious or complex, your full medical history may need to be part of the assessment. If this is the case you can rest assured that this information will be treated with complete confidentiality, and will not be used for anything other than helping us to assess the right amount of compensation for your injuries.
Read more about what you might expect during a medical appointment.
What Happens If I Want Part Of My Medical History To Remain Private?
If there is good reason for you to keep a part of your medical history private and it has nothing to do with the injuries you sustained in your accident, then a judge may be persuaded to prevent full disclosure on this part of your medical history.
Read more about what you might expect during a medical appointment.
I Already Had A Pre-Existing Condition But The Accident Has Made It Worse, Can I Still Claim?
Yes. As well as claiming for new injuries and financial losses caused by the accident, you can also claim compensation for any additional pain and suffering that have occurred as a result of the accident, including any worsening of pre-existing conditions.
Read more about what you might expect during a medical appointment.
Do I Need To Attend A Medical If I’m No Longer Injured?
Yes. We still need to receive an official medical report from a doctor, in order to establish the extent of the injury and the amount of time it took for you to recover. Even if you are no longer suffering from any pain, a medical professional’s opinion is necessary for us to recover the right amount of compensation.
Read more about what you might expect during a medical appointment.
Do I Have To Pay For The Physio That You Are Recommending?
All the costs of physiotherapy and any other medical treatment that we recommend will be passed over to the other side’s insurance company for payment.
What Is No Win No Fee?
What Does No Win No Fee Actually Mean?
It’s simple, in the unlikely event that we handle your case and your claim is unsuccessful, we won’t charge you a thing. When your claim is successful, we take our fees from the amount that you are awarded before we pay the compensation into your bank account.
Find out more about No Win No Fee.
What Does It Cost Me To Claim?
We limit the costs we can charge on your case under the terms of our Conditional Fee Agreement. This means that however much work we need to do to settle your claim we will never charge you more than 35% + VAT (& ATE) from the personal injury part of your claim. The result is that you get the best possible service whilst retaining the majority of your compensation, without ever having to worry about finding the money to pay an unexpected hefty legal bill.
In the event that you are not already insured with ATE (After the Event Legal Expense Insurance) then you will also need to purchase this to cover any costs that you need to pay to the other side.
Purchasing ATE also means that you are insured if we do not win your claim, meaning that you won’t have to pay us a penny in the unlikely event that this happens.
What Is A Conditional Fee Agreement?
A Conditional Fee Agreement is the written agreement that formalises the No-Win-No-Fee arrangement. It’s a document designed to give you peace of mind; legally stating that you won’t have to pay a penny in the unlikely event that your claim is unsuccessful. The terms of Bott and Co’s Conditional Fee Agreement mean that we limit our costs (i.e. how much we charge you) no matter how much work we do on your case.
Find out more about conditional fee agreements.
What Is Before The Event Insurance?
Before the Event insurance is a pre-existing insurance policy, in other words when you take out insurance just in case something happens. Common types of Before the Event insurance include car insurance and household contents insurance. Sometimes legal expenses can be attached to the Before the Event insurance too.
Find out more about before the event insurance.
What Is After The Event Legal Expense Insurance?
After the Event Legal Expense insurance covers any legal costs which you may be liable to pay the other side in respect of your personal injury claim. You will only need to purchase this if you do not already have a pre-existing legal expense policy. Often your house or motor vehicle insurance policy will include legal expenses cover so it’s worth checking before buying After the Event Legal Expense insurance.
When you claim with Bott and Co you will be assigned your own dedicated lawyer who will handle your claim from beginning to end. They will be more than happy to talk you through whether you need to take our After the Event Legal Expense insurance cover.
Find out more about after the event insurance.
What Do I Have To Pay If I Win My Claim?
When we do successfully settle your case we may deduct a success fee up to 35% + VAT (& ATE) from the personal injury part of your claim. This is deducted directly from your settlement.
We work this way because in April 2013 the Government reduced the fees that solicitors could recover from the other side by 60%. In order to continue providing the public with a genuine no-win no-fee service, solicitors now charge a contribution to their fees from the damages recovered.
What Do I Have To Pay If I Don’t Win My Claim?
Nothing.
If you have a pre-existing legal expense policy when your accident occurs then you will not have to pay any costs whatsoever if you lose. Our no-win no-fee policy means exactly that: If you don’t win then you don’t pay a penny. Usually, your house or motor vehicle insurance policy will include legal expenses cover so it’s worth checking. If you don’t have a pre-existing legal expense policy then you will need to buy an ATE insurance policy. This will cover you for any fees in the rare event that we are not successful in winning your case.
Who Actually Pays The Compensation?
It’s extremely rare for an individual to have to pay compensation out of their own money. The amount will normally come from the other party’s insurance company, whether it’s from their car insurance for a road traffic accident or Employer’s Liability Insurance for an accident at work.
Who Pays For My Opponent’s Costs And Other Expenses?
In the vast majority of cases the opponent’s costs and expenses will be covered by their insurance company.
How Does Bott and Co Get Paid?
We work on a No-Win-No-Fee basis. This means that in the unlikely event we do not win your case then you do not have to pay anything, provided you have followed our advice throughout and adhered to the terms and conditions of the No-Win-No-Fee agreement. If we win, our charges vary, however we will never charge you more than 35% + VAT (& ATE) of the personal injury part of your claim.
The exact amount of the success fee will always be discussed with you during your initial call with Bott and Co and we will never deduct a success fee from your compensation that you have not expressly agreed from the outset of the claim.
We deduct this amount directly from your compensation before sending you payment. This means you don’t ever have to worry about paying for our services upfront, nor about receiving a surprise bill for legal fees at the end of your claim.
Are There Any Cancellation Fees If I Change My Mind?
Whilst we won’t charge you a cancellation fee if you change your mind, you will be liable to pay for any work that we have done for you from when you first instructed us to start working on your claim. We won’t start work without your permission, but any work that we do for you from that point will be payable if you change your mind about going through with your claim.
Remember that if your claim is unsuccessful, you don’t pay us a penny, so you have nothing to lose financially by continuing with your claim once the process has begun.
What Happens If I Receive An Offer Directly From The Other Side?
If you receive an offer directly from the other side then we highly recommend that you contact us as soon as possible so we can advise you on your best options. If you do accept the offer from the other side then you are liable to pay for the work we have done on your behalf from the time that you instructed us, so it’s normally much better for you financially to continue your claim with Bott and Co rather than accepting money from the other side directly.
What Is A Pre-Med Offer?
A pre-medical (or pre-med) offer is often made by the defendant’s insurance company at the same time as admitting liability for the accident, or very soon afterwards and before a medical report detailing your injuries has been obtained. The insurance company make a pre-med offer in an attempt to conclude the case there and then. Usually, pre-med offers are made in a bid to save time and money for the insurance company in the long-run.
Find out more about pre-med offers.
When Would I Accept A Pre-Med Offer?
There is a risk that if you accept a pre-med offer then you will settle for a lesser amount of compensation than what your claim is worth. This is particularly the case where you are settling before you have fully recovered. When you hand your claim to Bott and Co we will assign a dedicated lawyer to your case. They will be best placed to advise you whether or not to accept a pre-med offer as they will understand the ins and outs of your claim.
Find out more about pre-med offers.
All About Claiming
What Is A Personal Injury Claim?
You can usually make a personal injury claim if you have had an accident – at home, in your car, at work or in a public place – where someone else is at fault.
How Do I Know If I’m Eligible To Make A Claim?
As a general rule if you have been injured as a result of someone else’s actions you can make a personal injury claim.
Find out more about claiming for a road traffic accident.
Can I Claim For An Accident That Happened A Long Time Ago?
You have three years from the time of the accident to make a personal injury claim in most cases. However, if you were under 18 when you had the accident you may have longer to start your personal injury compensation claim.
Read more about how long after an accident you can claim compensation.
Can I Claim If I’ve Suffered With Health Issues Before I Claim?
Most definitely – Any previous health issues will be taken into consideration when settling your personal injury case but this does not stop you from claiming. In some cases, we see clients’ existing health issues are worsened as a result of an accident.
I Already Have An Offer From Another Firm, Can I Have A ‘Quote’ From You So I Know Whether The Offer Is Good?
Yes, we’re happy to discuss our terms of engagement on a case by case business and can explain to you how we work out our fees. However, as our fees are capped at 35% + VAT (& ATE) of your personal injury compensation, you can have peace of mind this is the maximum we will charge.
What Do You Think My Chances Are Of Success And Why Can’t You Give Me A Definite Answer?
If we accept your case, then we’ve already assessed your chance of success as more than 50%. We can’t give you a definite answer because we need to keep the matter under review as the case develops and new evidence comes to light.
What Is A Split Liability Agreement?
This is when two or more parties involved in an accident agree to share the blame. Perhaps you were injured in a car accident but the other driver claims the collision was partly your fault or that you contributed to the accident, even if only in a minor way.
If you reach a split liability agreement on your case, this will be taken into consideration when deciding on the compensation you are entitled to. The percentage of liability (i.e. blame) the other side takes directly affects the amount of compensation you will be able to claim. If you agree to a 50:50 split liability agreement on a case worth £20,000, for example, you would receive £10,000 (i.e. 50% of the total).
Find out more about split liability agreements.
What Is A Part 36 Offer?
A Part 36 offer is an offer made by either the Claimant (person making the claim) or the Defendant (the person whom the claim is being made against) in order to try to settle a claim.
A Part 36 offer can be made at any point throughout the duration of the claim but, crucially, is made without any admission of liability (i.e. without taking the blame for the accident).
A Part 36 offer must be accepted within 21 days, however, the party making the offer has the right to withdraw it even after the 21 days.
It’s important to note that if you reject the offer but then agree to settle at a later date for a lesser amount (at trial or otherwise) you would then have to pay the other side’s legal costs from the date of when you could have accepted their Part 36 offer (i.e. 21 days after it was first made). This may sound overwhelming but your dedicated solicitor will be able to advise you on whether or not they think you should accept a Part 36 offer.
Find out more about Part 36 offers.
Who We Are
Who Are Bott and Co?
Bott and Co is an award-winning no win no fee solicitors specialising in road traffic accident claims, flight delay compensation. Established in 2001, we have a proven track record in getting people like you the maximum compensation you deserve. Bott and Co recover more than £30 million in compensation each year.
Are Bott And Co A Solicitors Or A Claims Management Company?
Bott and Co are solicitors. Because we are a law firm and not a claims management company, we have greater powers to secure you the compensation you deserve. As a solicitor, we are also regulated by the SRA which means you can be sure of a quality and reliable service.
Our director David Bott is a Past President of the Association of Personal Injury Lawyers (APIL) who leads a staff of passionate Bott and Co legal professionals standing up for the rights of injured people in the UK.
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What’s The Difference Between A Claims Management Company And A Solicitors?
A claims management company is, in effect, a middle man. They can handle the administrative elements of your claim but they’re unable to take legal action on your case. That means if your case requires a court hearing, a claims management company will have to instruct a solicitor on your behalf.
This is not the case here at Bott and Co. We are a firm of solicitors who have the ability to handle every element of your claim. With us, there are no middle men. You will be dealing directly with the company handling your claim right from the very start.
How Can I Contact Bott And Co?
We’re open 7 days a week, from 8am to 8pm Monday to Friday, 9am to 5pm on Saturday, and 10am to 4pm on Sunday. A member of our award-winning staff will always be available to take your call during those hours. You can also contact us through our website at any time with the options to complete a claim form or request a call back.