Can I make a No Win, No Fee injury claim for a minor, low value injury?

Since 31 May 2021, the process for handling certain personal injury claims, particularly lower value road traffic accident (RTA) claims, has changed. If you were injured as a driver or passenger in a road accident, and your claim falls below a specific threshold, you can still claim compensation but a claim must be submitted through the Ministry of Justice's Official Injury Claim Portal.

Do solicitors offer No Win, No Fee for low value claims?

The main difference between the small claims process and other claims is that, for a small claim, a claimant’s solicitor cannot recover their legal costs from the defendant, even if they win their claim.

In practice, this means that many solicitors are unwilling to handle small claims, or won’t work on a No Win, No Fee basis. Solicitors working on a No Win, No Fee basis receive a success fee based on a % of the total compensation award.

For lower-value claims, and particularly claims based on the new, lower compensation awards for whiplash injuries, the % success fee is too low for many firms to handle the case on a cost-effective basis.

Can I make an Official Injury Portal claim myself?

The portal has been designed with both solicitors and unrepresented claimants in mind. Even so, there are fundamental parts of the claims process that are challenging for someone with no experience of handling and valuing injury claims.

If you handle your claim yourself, and do not calculate the value of your injuries correctly, or do not claim for all the losses and expenses you are entitled to receive, you could lose out on £1,000s in compensation.

We can help you recover compensation for a lower-value road accident

We work with National Accident Law to ensure that injured road users with lower-value claims still have access to expert legal support on a No Win, No Fee basis.

The team can assist with any type and value of claim. Working with a solicitor from the outset helps to ensure that your claim is correctly assessed and that the correct process is used.

For example, if the value of your injuries, or your total claim, is close to the upper limit for the Official Injury Claim portal, you may be unsure which service to use. Your solicitor will work with you to ensure:

• The correct process is used.
• The claim process works smoothly.
• You receive the correct compensation amount.

Accepting a fair offer

One of the best reasons to use a solicitor for your small claims portal claim is to give you an expert opinion on whether the insurer’s offer of compensation is reasonable.

Our partners have over 26 years’ experience helping claimants recover the compensation they are entitled to receive. Your solicitor will work with you to ensure all your losses and expenses are correctly calculated, and will help you determine whether you should arrange for a second medical report or challenge an insurer’s first offer.

Working with a solicitor will give you the confidence to accept an offer, knowing that you haven’t lost out.

How did your injury happen?

The claims process will vary depending on how your injury happened. Click the icons below to learn more:

Work accidents Public places Road accidents Medical negligence Other accidents

FAQs for lower-value road accidents on the Official Injury Claim portal

Am I eligible to make a No Win, No Fee low-value claim?

There are several criteria you must meet to make an injury claim:

• The accident must have happened in the last three years.
• Someone else must have been responsible for the accident.

To use the Official Injury Claim portal, the general damages for your claim must be less than £5,000. The total value of your claim (general damages plus special damages) must be less than £10,000.

In addition, you must have been riding inside a road vehicle to claim compensation via the portal. The portal service is not suitable in certain situations, including for:

• Minors (under 18) and other vulnerable people.
• Cyclists, motorcyclists, pedestrians and mobility scooter riders.
• Injured in a vehicle but not by another road user (e.g. by an animal on the road).

Read more:

Small or Low-Value Injury Claims - What you Need to Know

How does the Official Injury Claim portal for lower-value claims work?

The Official Injury Claim service is an online service that has been designed to implement recent changes to injury claims regulation. Both solicitors and claimants can use the service, and the portal itself is free to use.

Read more:

How to use the Official Injury Claim portal to claim compensation

Do I have to pay anything upfront to make a No Win, No Fee portal claim?

No. If our partners can assist and you are eligible to make a No Win, No Fee claim, you will never be out of pocket.

How long does a low value No Win, No Fee portal claim take?

There are several steps on the Official Injury Claim portal that have set timeframes.

For example, the insurance company must review your claim and respond within 30 business days. Once you accept an offer, your compensation must be paid within 10 business days.

However, other parts will take a variable time to complete, particularly the medical exam and report process. There is no overall prescribed timeframe for portal claims.

Read more:

How long does a claim through the Official Injury Claim portal take?

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.