Wafer Phillips Solicitors | RTA and Accident Solicitors in Liverpool

Wafer Phillips is a specialist accident solicitors based in Croxteth. We can assist with a range of claims, from road or work accident to clinical or medical negligence. Let us help you.

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Tel: 0151 256 7898 · Fax: 0151 226 9817
Email: enquiries@waferphillips.co.uk

Why taking a pre medical offer is a bad idea

What is a pre medical offer?

If you’ve had an accident, maybe an RTA or been injured in the workplace you may find yourself in the position of having to decide whether to accept a pre medical offer.

A pre medical offer (or pre med offer) is something made by the defendant’s insurance company on admitting liability for the accident and it is normally done prior to any medical report being made.

Now while accepting compensation without a medical report sounds rather foolhardy, it’s a tactical move which some insurers are making in the hope that they can avoid a lengthy and costly claims process. And that might be the reason you’d take one up. After all, some cases can go on for years. You may just want to take the money and run.

However it has more value for the insurer than the injured party, as it means saving money in damage and also legal costs, which if the case runs over a number of years could be colossal.

Bear toy with a bandage on

What is a medical report?

If you make a personal injury claim for the injuries that you have sustained in a road traffic accident, an accident at work or a trip or fall in a public place, you need to undergo a medical assessment conducted by an independent medical expert. This is paid for by the defendant’s insurer.

This assessment will determine:

  1. An exact diagnosis of injuries or illness.
  2. Exactly how long your recovery is likely to take.
  3. How serious the injuries are.
  4. Whether there are any long term implications for your health
  5. Ongoing rehabilitation and medical treatment that might be needed.

A medical report equips your solicitor with the means to be able to work out how much your compensation settlement might be and to negotiate with the insurance company to ensure that the money offered is appropriate to your needs.

Why agree to a pre medical offer?

  • You won’t have to attend a medical.
  • You’ll receive a settlement much quicker.
  • There’ll be no need to attend court.

However, as tempting as this sounds you will most likely receive less compensation than you’re entitled to have and you may also not be able to recover other losses such as travel expenses and loss of earnings as well as any money you might need to help with the rehabilitation and recovery process.

It is worth noting that if you do accept a pre medical offer you cannot claim anything else in the future. So, for example, an accident in the workplace becomes a long term condition for which you need care, you cannot then go back and demand further compensation.

What if I reject a pre medical offer?

If you decline the offer, then it no longer exists. You cannot accept the offer later if you refused it or if the other party withdraws the offer. While there is often a follow-up offer, you cannot be sure you’ll actually receive one.

The verdict

When a pre medical offer is made, you’re expected to take a very important decision without any evidence that it will be the correct one for you. The purpose of a personal injury claim is so that the person who has suffered will be able to return to the position they were before the accident had never occurred and if that’s not possible then award them enough money to make any necessary adjustments to their life achievable. Without medical evidence that just isn’t possible.

So while the immediacy of a pre medical offer seems great at first, there is a real risk that by accepting one you will not achieve the full amount of compensation to which you are entitled.

The only way to get the right amount of compensation is to prove your personal injury claims to the standard required at court. This means: obtaining medical evidence by a qualified doctor, who is instructed by an independent firm of solicitors and who represent the interests of the injured person, not the responsible party.

Most legal experts agree that pre medical offers are made for the benefit of the insurers not the benefit of their client and while the claims process may take longer you will profit far more in the long run. If you have had an accident or are unsure about accepting a pre medical offer and need the help of an experienced solicitor, we at Wafer Philips solicitors are here to help.

Can you make a claim if an uninsured driver hits you?

Having a car accident can be bad enough, but what happens if you’re hit by an uninsured driver?

This raises several crucial questions if you then want to make a claim:

  • Can you make a claim at all?
  • What will your insurance company do?
  • What happens if the uninsured drivers runs away from the scene?
  • Can you bring a legal action against them?

A large number of accidents in the UK involving motor vehicles also involve uninsured drivers.

The Motor Insurers’ Bureau (MIB) provides compensation for accidents involving uninsured and hit and run drivers.

In 2018, it recorded more than 26,000 personal injuries from collisions with uninsured vehicles or untraced drivers.

Every 20 minutes, one person in the UK is injured this way.

What Must You Do if You’re in a Car Accident? 

There are certain things you MUST do if you’re involved in a car accident, whether the other driver is insured or not.

Make a note of the other vehicle’s make, model and registration number and what damage there is to the other vehicle.

Note the scene of the accident, including any road markings, traffic lights and driving conditions. Make a note whether the other vehicle had its lights or signals on.

Get the other driver’s name and address.

Get contact names, details and statements from any independent witnesses.

If you can, take photographs of the scene and the vehicles involved, which you can then refer to when making a claim.

The other driver MUST give you their insurance details. If they do not, you can report this to the police.

What Happens if the Other Driver is Uninsured?

Normally, if the other driver has insurance, this would cover you, providing the accident was their fault.

If they are uninsured, however, you can still claim for your damages on your own insurance, providing it is fully comprehensive.

There may be certain consequences if you do this:

  • You will have to pay an excess fee
  • You may lose your no claims bonus.

Some insurance providers may choose to waive the excess fee, and if they include an uninsured driver promise in their policy, they may also let you keep your no claims bonus.

However, if you do make a claim against an uninsured driver, this will still increase your premium when you come to renew your insurance.

There are certain conditions you will need to meet if you are making a claim:

  • You must be able to show that the accident was not your fault
  • You will need details of the uninsured driver and their vehicle
  • You must have the contact details of witnesses.

What if the Uninsured Driver Fails to Stop After the Accident?

If the uninsured driver has fled the scene without leaving details, you should report the incident to the police.

Failing to stop after an accident is an offence. You should report this within nine months of the accident occurring.

However, the police may not take immediate action if there has been no personal injury involved.

But there are alternatives if your insurance is not fully comprehensive, or you cannot provide the details of the uninsured driver.

How Can You Claim Compensation?

MIB (the Motor Insurers’ Bureau) provides compensation for accidents involving uninsured and hit and run drivers.

Although you should report an accident to the police within nine months, MIB recommends that for personal injury claims, you should do this within 14 days, and for damage to property, within five days.

As with other forms of personal injury claim, to make your claim to MIB, you should do this within three years of the accident.

The MIB will investigate the accident, and will accept or reject your claim based on its findings.

For example, if MIB believes you were at fault, or partially at fault, it will reject or reduce your claim.

It will not pay purely on the basis that other driver is untraceable or uninsured.

You must have evidence to back up your claim for compensation.

There are circumstances where MIB refuse your claim:

  • If you were a passenger in an uninsured vehicle which you knew, or ought to have known, was uninsured
  • If you were a passenger in an uninsured vehicle driven by a drink-driver.

To make a claim, the accident must have occurred on a public road or area, with full access to the public.

MIB states that claimants can seek independent legal advice at any stage of making a claim.

Can You Sue an Uninsured Driver?

You may be able to claim compensation from MIB, but does this mean the other driver still gets away with it?

If the MIB settles your claim, they will seek to recover their costs from the other driver.

Your legal representative, acting on your behalf, will make your claim to MIB in the same way you would approach an insurance company.

Even if the uninsured driver is untraceable, you can still make your claim. It may take longer, but providing you provide the right evidence, it can still be successful.

Accident claims against uninsured drivers can involve:

  • Personal injury claims
  • General damages.

It is against the law to drive without insurance. The uninsured driver in your claim may therefore face prosecution, and an investigation as to whether they have other necessary documentation for their vehicle. The police have the right to carry out these investigations.

What to Do If You Have Had an Accident with an Uninsured Driver

As we have shown, you can make a claim in this type of situation. The best way to do this is to work with a legal expert in this area.

For help and advice about making a claim against an uninsured driver, please call us on 0151 256 7898, email enquiries@waferphillips.co.uk or fill in our contact form, and we will be in touch as soon as possible.

How do dashcams help in court cases?

An essential part of modern protection, dashcams have become ubiquitous in vehicles across the UK.

However, with so many options and configurations, it can be difficult to understand their value and how best to deploy one in day-to-day motoring.

So, what is a dashcam and how can it protect you?

dashcam

What is a dashcam?

Fitted to the dashboard or a key vantage point in your car, dashcams are digital devices that record your travel on the road.

They can provide video evidence to support a claim by capturing key information about an incident.

Legal on UK roads, they must be installed in a way that does not hinder or obstruct your ability to see the road ahead, or act as a distraction while driving.

The footage from these devices is not only incredibly useful, it is admissible in court.

That permits you to supply video evidence to demonstrate your innocence, or to prove another driver was at fault in the event of an accident.

How can a dashcam help in court?

A dashcam is a way to capture detailed evidence that would otherwise go unrecorded by public surveillance.

It can even supply information about incidents that you were not involved in, helping you provide details about licence plates, or the behaviour of bystanders, to relevant authorities in the event of a serious incident.

Many collisions or traffic accidents can prove to be a ‘he said, she said’ debate that can be difficult to unpack.

Being able to supply timely video evidence can seriously cut down the bias in your case as well as the time spent to reach a fair verdict.

And with many insurers offering discounts for drivers that choose to voluntarily install a dashcam in their car, there are a several benefits to setting one up in your vehicle.

What should I bear in mind?

While a dashcam is incredibly useful, it is worth taking some time to review your position before picking one up.

Complicating factors include:

It can be used both ways: While dashcams are primarily used to protect the owner, it is worth remembering the footage you capture can easily be used against you. If the material you provide shows you to be at fault, this will swiftly lead to a judgement against you. And if your device can capture information about speed, it can be quickly referred to reinforce a verdict about a ticket. Furthermore, if your device incurs damage, deleting or tampering with footage is considered a serious offence and will be dealt with accordingly.

The law can change: If you are travelling abroad with a device in your car, it is worth remembering to check with local authorities that recording your travel is not in violation of the law. This can result in fines, penalties and, worse, the rapid derailing of a trip. If you are not solely using your footage for personal use, you are required to inform others that use your vehicle and – as many devices are used to record activity inside the cab as well – any individuals entering your vehicle are required to be informed about the device.

Find the right device: While many dashcams are simple to set up and maintain, it is always worth taking the time to find a device that fits your needs. At a minimum, this should allow you to view the licence plate of vehicles involved in an incident and be able to discern facial features or other identifiers if involved with a criminal act.

What next?

If you want to learn more about dashcams, or protecting yourself from personal liability, our team is on hand to provide the help you need.

Take a look at our full range of services from our home page. To find out more and how we prioritise the personal and professional wellbeing of the individuals we work with. If you have any other questions or queries about your case, please do not hesitate to get in touch directly and let us know exactly what you need to resolve your issues and provide the peace of mind you need.

What to do after a road traffic accident?

Disorienting and stressful – road traffic accidents are an unfortunate part of driving on the road that luckily most of us will avoid during our time behind the wheel. However, failing to take the right actions immediately after an accident can leave you with issues that add further distress.

So, why is it so important to take care extra care in the wake of an accident and what steps do you need to take before making a claim or resolving the issue with your provider?

Why is it so important to act correctly?

Simply put, because it’s extremely had to think clearly in the immediate aftermath of an accident. No matter whether it’s bumping into a parked car or being involved in a serious collision, your system will likely be flooded with adrenaline – prompting your fight or flight response. While this can be useful in situations you need to flee from, it’s not so helpful when you need to act calmly and carefully to avoid further injury and ensure that the process steps are followed to avoid injury.

The Road Traffic Act (1988) states that individuals are required to stop and exchange details with any individual involved in a collision – detailing your vehicle reg and personal contact details in full. Failure to do so at the time can open you up to significant fines, legal action, and follow up from the police in a worse-case scenario. It is also essential to remember that your actions can potentially expose you to claims from those involved seeking compensation for injuries – real or imagined.

Taking the time to act correctly can help ensure that the immediate aftermath of a crash is addressed correctly and that long-term issues are mitigated or avoided entirely.

What should I do in the long and short term?

Once an accident occurs, there are number of simple steps to follow, starting with-

Acting with Caution: Once an accident occurs, it is important to get yourself and others to safety with the greatest possible care. First, turn off your engine and apply your hazards, checking yourself and other passengers for injury. If the accident is minor, check that others are fine before exiting the vehicle. If the accident is severe, or you are at risk, contact the ambulance and police services immediately. During this, attempt to remain calm and control your breathing. Once you are ready, have others safely leave the vehicle and move to a secure place nearby.

Interact with Others: When you are calm and ready, interact with other individuals involved in the accident. Remember to maintain a safe distance and ask if they need assistance. At no point during this process should you apologise or admit responsibility until there has been a full investigation into what happened. This will give you a sense of the situation and allow you to act correctly.

Assessing the Situation: If the other driver attempts to leave without exchanging details, appears to be under the influence of drugs and alcohol, or appears to have deliberately caused the crash – call the police about it immediately. If individuals have been injured, do your best to provide care until an ambulance arrives. Remember, some injuries can be made worse by moving the individual so – if you are at all unsure about a person’s injuries – make them comfortable until help arrives.

Capturing Details: At this point, exchange details with the individual capturing the name and address of all involved, your insurance information and establish if the driver is the registered owner of the vehicle. While waiting, take the opportunity to take as much photographic evidence of the scene as possible, including the surrounding area and keep a record of the time and leadup to the crash. This should include the conditions, time and date, the nature of the damage, and any information you can capture – including names of witnesses, nearby CCTV cameras and other elements.

Once you have left the scene of the accident, you are legally required to report the accident to your provider and the police within 24 hours. Once you are out of harm’s way. you must:

Contact Your Insurance Provider: This will allow you to report your crash, detailing your policy number, the details of the car involved and the driver’s name and details. This will enable your provider to start the process of capturing information about your accident and assess whether you want to make a claim. Once this process starts you will only be contacted for further clarification, allowing you to recover and reflect in peace.

Contact A Solicitor: Not all accidents are resolved amicably, and you may find yourself in a position to make a claim against the other driver due to their negligence or defending yourself from a spurious claim accusing you of full culpability for the incident. If this is the case, it is important to contact a reliable solicitor as quickly as possible and provide them with evidence and information that you collected from the scene of the incident. This will allow your provider to assess the integrity of any claim and allow you to rest easy while they pursue every avenue possible to ensure that scammers are promptly dealt with and that you are put in the strongest position to make your case backed by all appropriate evidence.

Get in touch If you want to learn more about handling issues in the aftermath of a crash, our team at Wafer Philips are here to help. With many years’ experience providing care for claimants, we will work with you to provide the protection and care that you require – making the resolution process as efficient and stress-free as possible.

You can review our list of services from here or you can take a look at our testimonials.

If you have specific questions about your case or feel that you have a potential claim, please do not hesitate to get in touch directly and let our team know exactly what you need.

Avoid RTAs with Preventative Maintenance for Your Car





If you’re a car owner, it’s vital to carry out preventative maintenance on your car to reduce the chances of road traffic accidents (RTAs) occurring. Steps like checking your tyre pressure on a regular basis and changing your oil enable you to identify issues before they turn into serious problems.

Read the manual

Reading the manual that came with your vehicle is essential. By paying attention to the manufacturer’s instructions, you can find out what maintenance steps you need to take for your specific vehicle, not just cars in general. The manual will tell you how often you need to change your oil, filters, timing belts and much more.

Key checks

You need to carry out your own inspections regularly. You don’t need expert motoring knowledge to do this. These inspections can include making sure all the lights are working, checking the air pressure, listening out for odd sounds, checking wiper fluid levels, assessing the battery, cleaning the contacts and replacing your windscreen wipers when you start to notice streaks. Your tyres need to be rotated and balanced on a regular basis too – your manual will tell you how often this needs to take place. Spark plugs also need to be checked – if they become worn out, you can find yourself going through much more fuel than you need to.

Why Wafer Philips

At Wafer Philips, we have vast experience when it comes to sourcing compensation for people involved in road traffic accidents. We work on a no-win, no-fee basis and always aim for the best deal possible. You can contact us at any time if you have been in a road accident and suspect you could be entitled to compensation. We will do everything in our power to deliver the best outcome possible and will work closely alongside you to gather together as much vital evidence as we need to make your claim a success.

Getting in touch

To find out more about making road traffic accident claims with Wafer Philips, call 0151 256 7898
or send an e-mail to enquiries@waferphillips.co.uk.

Wafer Phillips Solicitors