Has anybody used Small Claims for personal injury?

[Mittens67]

Just that really.
I am thinking of making a small claim for personal injury for a relatively small amount so allowable under small claims limit.
I wondered if anyone could tell me their experience of it if so please?
(Not looking for advice on whether to claim or not and don’t want to go into the details of my case.)

You need to read and follow the pre-action protocol for personal injury claims.

Injury claims have been subject to much change in recent years. The changes are designed to streamline the process and save costs for insurers. They have however made things quite complicated as there are different rules for different types of accident.

Very few injury claims fall within the small claims track. Be sure that you aren't undervaluing your claim.

I would advise seeing whether you can access professional advice. You may have legal expenses cover via insurance policies, professional organisations, trade union membership, sports or hobby organisations, bank accounts etc. If not then there are no win no fee arrangements available and the solicitors are bound by strict rules of professional ethics and standards so no need to avoid them if you don't have other funding options, just avoid the TV adverts for claims management companies and go direct to an actual law firm.

@YellowDiamondsInTheSky
apologies to you and everyone for any confusion I caused.
I think @TinyMouseTheatre is correct and I should have posted in chat.
Thanks though

Good point!
I might try again there.

You shouldn't just issue a claim in court, you should give the Defendant the chance to settle your claim without litigation. Have you done this?

Ok, just to point out that you can only claim £1,500 for personal injury in the small claims court but as you don’t want any legal advice, I’ll leave the thread.

I think you may have posted in the wrong section OP. This section is more for people wanting legal advice.

Maybe ask for your post to be moved to Chat where you might get some MNers who have been through the process.

Yes I am thank you

You say it’s within the small claims limits but are you aware what they actually are? That’s why I’m asking.

@YellowDiamondsInTheSky it may be both.
It's a truly bizarre and complex situation which I don't want to go into now.
The amounts will be within the small claims limits.
As I have said, I am asking for personal experiences. That is all.
I am not asking for advice just anecdotally how others have experienced it.

There was nothing inappropriate in the deleted posts. The poster was just saying that you can’t bring personal injury cases in the small claims process, which is wrong. So probably deleted for providing wrong information.

What exactly are you claiming OP? You say personal injury but your posting history suggests it’s damage to property? And how much are you claiming?

Gosh!
Have just seen the replies and wonder what the deleted posts said?!
As I stated, I am not looking for advice on whether to claim or not but that appears to have been disregarded.
I know full well that it is possible to use small claims court to claim for personal injury at a low amount, which again I did state my claim would be.
If anybody has actually done this themselves I would appreciate hearing their own personal experience of the process.

You missed the post I was responding to. @MyNimbleViewer said that if a claim is between £5k and £10k then OP must go via the Official Injury Claim Service. I responded to say that’s only for car accidents

Ah sorry. I did indeed miss that

You missed the post I was responding to. @MyNimbleViewer said that if a claim is between £5k and £10k then OP must go via the Official Injury Claim Service. I responded to say that’s only for car accidents.

Only if it’s a car accident

I'm not sure that's true. People who get injuries at places like Theme Parks can sometimes go through the Small Claims Court. Whether they win can be a different matter.

Someone upthread mentioned using a No Win, No Fee Solicitor. I would advise against this.

If you don't want to do it in your own through the Government websitee then talk to your local CAB or see if there is a Clock Servicee near to you.

I would read the government guide all the way through as lots of people don't realise some basic things, like you may have to pay a hearing fee as well as the initial fee of it goes to trial.

Also, make sure you get the name of the defendant absolutely right or you may have to pay to change it.

If it's a company you can check on companies house exactly what the name is. If it's an individual but trading you'll probably need the format John Smith T/A Plymouth Tiling.

Also remember that if they don't pay, and there's no guarantee that they will, any enforcement you issue will have another Court Fee and again, it's not guaranteed that they will pay.

Only if it’s a car accident…

Yes you can… it just depends on the value of the claim.

Not quite right, she can go via the small claims court for personal injury, but only where the claim is worth no more than £1500.

How much are you claiming OP?

Is small claims just for recovering money from people that owe it to you.
E.g. someone hasn't paid you back. You haven't been paid for a job you have done. Someone has failed to pay a debt etc

You could get a no win, no fee lawyer for personal injury?

It's likely the insurance company that would pay out if so