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If you have been involved in a road traffic accident it is important that you know how to make a claim in respect of the injuries, and associated losses, that you have suffered.
Our Personal Injury team at Ramsdens Solicitors have a vast amount of experience in successfully handling claims for injuries, and associated losses, following road traffic accidents. Ramsdens Solicitors are able to assist with claims for injuries, which are deemed as typically more serious than those of a whiplash type soft tissue nature affecting the neck, shoulder or back..
Claims for whiplash and soft tissue injuries are generally recognised as low-value claims, as they are usually valued at less than £5,000. If you have suffered a low-value injury following a road traffic accident, you are able to use the Official Injury Claim (OIC) Portal to electronically submit a personal injury claim for minor injuries, such as whiplash and soft tissue injuries, yourself, without the need for legal representation from a solicitor.
The OIC Portal will take you through a step by step process in which you submit your claim, outlining the details of where and when the accident happened, the injuries you have as a result, as well as the vehicles involved and who you think was responsible. Following submission of your claim, the OIC portal will pass your claim onto the insurance company for the driver you believe was responsible, known as the ‘compensator’. The compensator will then make their own investigations to consider your claim.
The OIC will then help you arrange an appointment with a medical expert, who will assess your injury or injuries and write a medical report. This will allow the OIC to value your injuries in respect of the appropriate level of compensation you could be entitled to..
Once the OIC has decided who was responsible for the accident, and evidence of your losses and injuries have been provided, the compensator may be forthcoming with an offer of compensation, which you can choose to accept or challenge. Should you choose to accept the offer, the compensator will contact you to arrange payment of your compensation.
In the event of challenging the offer, the OIC portal will outline the options available to you,
Throughout the claim, you are able to check the progress of your claim online and the OIC portal will automatically notify you when there are any updates.
The OIC portal is free to use, however if you have instructed a solicitor or a claims management company to make the claim on your behalf, via the portal, you may be liable to pay their fees for this service. You should query whether any fees are applicable, prior to instructing a firm to pursue a personal injury claim via the OIC Portal on your behalf.
The OIC Portal allows individuals to claim for injuries up to £5,000, however, additional losses and expenses can also be claimed for up to a value of £5,000.
If you believe your claim for injuries exceeds the value of £5,000, or the claim total exceeds £10,000 (£5,000 for your injuries, and £5,000 for your losses) then the OIC Portal is not suitable for your claim and you should seek legal advice from a solicitor to discuss your options.
The OIC Portal can be used to submit a claim if you have suffered minor injuries as a driver or passenger in a vehicle. If you have been involved in an accident as a cyclist, motorcyclist or a pedestrian, or if you have suffered injuries more serious than those of a whiplash and soft tissue nature, then you should seek legal advice from a solicitor, such as Ramsdens Solicitors Personal Injury team who are able to assist you in making a claim.
If you have been involved in a road traffic accident and suffered significant injuries, simply call our Personal Injury team today on 01484 821 500, or fill out an online contact form and we will be in touch at a time convenient for you.
The above article is for illustrative purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any part of the information given.