Can I still make personal injury claim?

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Accidents happen. These can often be out of your control, whether as a result of a road traffic accident, or an accident in your workplace you may be considering making a no win no fee claim for personal injury compensation. If you can prove that the accident occurred due to somebody else’s negligence then you are likely to be able to pursue a successful claim for compensation. However, there is a time limit so it’s always best to act fast.

When is it possible to still make an injury claim, after you have had an accident?

You have until the 3rd anniversary of your accident to pursue a personal injury claim.  By this deadline, court proceedings must be started.  If court proceedings are not started by the third anniversary you will almost certainly not be allowed to pursue your claim further.  There are a few exceptions to this rule.

In order to give the solicitor, you instruct time to investigate your claim it is best not to leave it to the last minute though.

Making an Injury Claim at work

You can still make a claim for an accident that happened whilst you were at work as long as it happened less than 3 years ago.

You can still be employed by the company you hold responsible and do not need to have left their employment.

You can still make a claim if you are self-employed but hold the owners of the place where the accident happened responsibly.  For example, if you were a self-employed carpenter working on a building site who sustained an injury which was not your fault.  The building site owners/managers can still be held responsible for this if they breached their duty of care to you.

It is important to remember when making a claim against an employer they should have insurance in place to cover accidents involving their employees.  If you were working at a location that is not the HQ of your employers again that location should have public liability insurance cover again to cover injuries sustained to visitors where a breach of duty of care has taken place.

Making an Injury Claim as a passenger or driver

You can still make an injury claim when you were the passenger in a vehicle even if the motor insurance is in your name but you were not driving so did not cause the accident or if the driver was a member of your family.

Surprisingly you can also still make a claim when involved in a road traffic accident that was not your fault even if the vehicle you were not in did not have motor insurance in place.

If you were the victim of a hit and run motor accident or find out the driver of the vehicle that caused the accident was not insured you can still make a claim as the claim is pursued via the Motor Insurers Bureau instead.

Making an injury claim whilst in hospital.

Even if you are still in hospital and want to make enquiries into pursuing an injury claim this is not a problem.  Making an initial enquiry can give you peace of mind.  It is possible to still make telephone or video discussions and or if appropriate and possible a face-to-face meeting.

You do not need to wait until you have recovered from your injuries to pursue a claim and can make a claim even when the full extent of the injuries sustained is not known.  You only have until the third anniversary of your accident to start court proceedings when making an injury claim and as a result, it is not unusual for injuries to be ongoing at that time.  the only requirement is that we have to have started proceedings and not be ready to finalise the claim at that point.


It is always worth making an enquiry if you have questions rather than always wondering if it would have been possible to make a claim for an injury sustained as a result of someone else’s fault.  There is no charge for making an enquiry.

If you have had an accident that is not your fault, you could be entitled to a claim. Get in touch today to speak with one of our No Win No Fee Personal Injury Claims Specialists. You can use the contact form found here or on this page. Alternatively, you can call us on 01453 847200


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