1. Claiming Compensation - the basics
Penny Knight
22 September 2010

2. The starting point
Location
Responsibility for collision
Time limits

3. The Claimant Who is the Claimant? An injured child
A brain injured person
A fatally injured person

4. Funding Legal expenses insurance
Conditional Fee Agreements (“no win, no fee”)

5. The Defendant Can the other party be identified? Can he/she be traced?
Is he/she still alive?
Was he/she driving for work purposes?
Does any of this matter?

6. The paying party The other party The other party’s employer An insurer
The Motor Insurers Bureau
The Criminal Injuries Compensation Authority

7. Establishing liability
Evidence
Burden of proof
Balance of probabilities

8. The police investigation
Starting point
Witness statements
Plans, measurements, photos
Vehicle examination

9. What can the injured party claim
Pain, suffering and loss of amenity
Financial losses - such as:
Loss of earnings
Treatment costs
Care and assistance

10. What can be claimed when there has been a fatality
Statutory bereavement damages
Funeral expenses
Claims on behalf of dependents

11. Any questions?
Penny Knight
Partner