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Had an Accident? Why You Should Instruct a Solicitor Straight Away
If you've been injured in an accident, making a personal injury claim is often the last thing on your mind. That's an understandable reaction, and it can come down to a number of personal factors, but waiting too long before you instruct a personal injury solicitor is not always the best decision to make.
Being in an accident is stressful enough without adding a legal claim to your list of things to deal with. If you have a right to make a claim, the daily pressures of life often mean that even though you're thinking about it, you never quite get round to taking that first practical step.
There are several reasons why delaying this process can affect your claim as a whole. This guide sets out what you stand to lose by waiting, and what to do next.
Key takeaways
- Delaying a personal injury claim can weaken it in several practical ways.
- Your own memory of the accident, and any witnesses' memories, become less reliable over time.
- CCTV footage is often deleted after around three months.
- Insurers may use a delay as a reason to question whether your claim is genuine.
- You generally have three years from the date of the accident to start a claim, but it's best not to wait anywhere near that long.
Why Delaying Your Claim Can Cause Problems
Your memory of the accident fades with time. Details that feel vivid in the days afterwards, such as the exact time of the collision or the speed of the third-party driver, can become blurred or unreliable within a few months, and that can weaken the evidence needed to establish liability (who was legally at fault).
Witnesses can also become harder to reach as time passes. Even if you manage to trace them, they may not appreciate how important their account is to your claim, and their memory of what happened is likely to have faded too.
If there was CCTV footage of the accident, it may no longer exist by the time you come to make a claim. Most systems only retain footage for around three months, so this can be a crucial piece of evidence lost for good.
The third party's insurers are also likely to question why you left it so long to bring a claim, and may try to suggest it isn't genuine as a result.
The longer you wait to instruct a solicitor, the more evidence you risk losing, and the easier it becomes for an insurer to challenge your claim.
How Long Do You Have to Make a Personal Injury Claim?
In most cases, you have three years from the date of the accident, or from when you first became aware your injury was linked to it, to start a personal injury claim. This time limit comes from the Limitation Act 1980, and different rules apply for children and for people who lack the mental capacity to bring a claim themselves. Missing this deadline will usually mean you lose the right to claim altogether, so it's worth getting advice well before it becomes a concern rather than close to it.
What to Do Next
Taking these points into account, our specialist personal injury team at Nayyars Solicitors urges you to bring your claim to us as soon as possible after your accident. Whether you were hurt in a road traffic accident, an accident at work, or through someone else's negligence in a public place covered by public liability, the same principle applies: act quickly to protect the evidence your claim relies on.
If you'd prefer to talk things through in person before deciding how to proceed, we can arrange a face-to-face appointment at a time that suits you. You can also read more about your options, including time limits and what to expect, via Citizens Advice.
How long do I have to make a personal injury claim in the UK?
In most cases you have three years from the date of the accident, or from when you first became aware your injury was linked to it, under the Limitation Act 1980. This time limit is different for children and for people who lack the mental capacity to bring a claim themselves. It is still best to instruct a solicitor as early as possible, since evidence such as CCTV and witness testimony can be lost long before the three years is up.
What evidence might I lose if I wait too long to make a claim?
CCTV footage is often deleted after around three months, witnesses become harder to trace and their memories fade, and your own recollection of details like timing and speed can become less reliable. All of this can make it harder to establish who was at fault.
Will the insurer question my claim if I wait to make it?
Quite possibly. Insurers often raise the length of a delay as a reason to doubt whether a claim is genuine, even where there is a legitimate explanation for waiting.
Do I need to visit the office to start a claim?
No. You can start the process over the phone, but if you would prefer to talk things through in person, Nayyars Solicitors can arrange a face-to-face appointment at a time that suits you.
What types of accidents does Nayyars Solicitors handle?
The personal injury team advises on road traffic accidents, accidents at work, public liability claims, and criminal injury compensation, among others.
Your Next Steps with Nayyars Solicitors
Every case is different, but the earlier you get advice, the more of your evidence we can protect. Get in touch for a free, no-obligation consultation with one of our specialist personal injury solicitors.
→ Road traffic, cycling and pedestrian accidents
→ Accidents at work
→ Public liability claims
This article is for general information only and does not constitute legal advice. Every case depends on its own facts, so
