Can I Still Make A Personal Injury Claim If I Have Had A Failed Claim In The Past?
If you have had a failed personal injury claim in the past, generally speaking this will not affect your right to make a new claim,
If you have had a failed personal injury claim in the past, generally speaking this will not affect your right to make a new claim, so long as the new claim is unconnected to the failed claim. This is because both claims will be different. However, there are some circumstances where having a failed claim in the past may work against you.
The main circumstance is if your previous personal injury claim failed because it was found that you were exaggerating the extent of your injuries, or otherwise committing personal injury fraud. Fraud is a criminal offence, and if you have been convicted of fraud then this will be on your criminal record. This may work against you with future accident claims.
Making a personal injury claim if you have had a previous claim fail for legitimate reasons
The vast majority of claims that fail, however, do so for entirely legitimate reasons. The most common reason is a lack of evidence for ascertaining liability. Claims can be contested for liability or claim value, however it’s liability that’s tougher to work with because if there is a lack of evidence supporting the claim then it can fail.
Claim value can simply be altered by the solicitor on the claimant’s behalf.
If you have had a failed claim in the past for legitimate reasons, then this will most certainly not affect your right to make a new claim. In fact, you will be better prepared than someone who has never made a claim before because you’ll have already been there. So you will know what questions a claims advisor will ask you during the early stages of the personal injury claims process, and you will know what information you need to get started.
Making a personal injury claim while you also have another claim being processed
In rare circumstances, people may wish to make two or more personal injury claims within 12 months and these claims may overlap one another. There are no limits with regard to making multiple personal injury claims, however questions may be raised about the legitimacy of your personal injury claims given that it’s not common for this to happen. If you are thinking about making a claim under these circumstances, it’s vital that you seek specialist legal advice to find out more about your legal rights.
Accident Advice Helpline operates a 24/7 Freephone helpline with experienced claims advisors at the other end who can help you to make a claim. Simply call 0800 689 0500 500 0993 from your mobile phone to discuss your personal injury claim today.