Step 1...
Once the notification of your intention to claim for compensation has been received by the organisation or liable party they or their insurers have a legal obligation to notify you that they are dealing with your personal injury claim. If they do not confirm receipt of your accident claim required under the pre-action protocol they are failing their duty under the pre action protocol for personal injury claims and are therefore liable to court proceedings. In practice however a simple call to the organisation will confirm if your notification has been received and whether a backlog or staffing issues are causing a short delay in their reply.
Step 2...
Once you have received a confirmation letter from the organisation that they are dealing with your claim they will then have a further 90 days to investigate your claim and make a decision on liability.
Step 3...
The organisation or liable party will come back to you with a decision on liability within the 90 day protocol period. If this decision is an admission of liability and you are successful in your claim it will invariably be “subject to causation”. This means that you must show that the damage you have suffered was caused by the organisations (i.e. Supermarket) breach of duty of care. They will therefore require proof of your medical records to confirm that the injury is a result of the incident. These will be requested direct from your hospital or GP by the organisation and they will therefore request that you allow them authority to request these, you will not have to pay for the cost of this. This is standard practice to establish that the injury you sustained was a result of the accident and will then allow them to make an offer of compensation.
If there is a denial of liability then the liable party will provide you with an explanation and also evidence to support the denial.
If you feel that the decision is wrong or simply want reassurance then you may seek advice from someone such as the Citizens Advice Bureau or a solicitor safe in the knowledge that you have all of the available information to hand for any representation to advise you correctly.
Remember that when using our service at no time have you given up your right to legal advice or representation and you are free to move from the process at any time.
The itsmyclaim.com Team
