MASS MOTOR ACCIDENT

Legal Jargon

We know how confusing legal jargon can be and how speaking to solicitors can sometimes be hard to comprehend. We have put together this guide to legal jargon to help you through the mine field.

• Claimant - A person who brings a civil action
• Defendant - A person who defends a civil action against him
• CFA - Conditional Fee Agreement (also known as ‘No Win, No Fee’. Following the removal of legal Aid in personal injury claims, CFA’s were brought in as a way of funding claims. It works so that if the claimant wins, the defendant pays the costs and if the claimant loses, then their solicitor pays the costs.
• Uninsured - A person who drives their vehicle without insurance.
• Untraced - When someone hits another person with their vehicle and drives away without stopping (hit and run) and cannot be found.
• Third Party - The ‘other party’ involved in an accident.
• TPI - Third party insurer. The ‘other party’s’ insurance company.
• LEI - Legal Expenses Insurance. You normally purchase this as an add on when buying insurance, such as a motor or household policy. It will cover you for the legal expenses that you may incur in most personal injury, consumer, property and employment disputes, as well as for any award of the other party’s legal costs.
• ATE - After the Event Insurance is a type of legal expenses insurance policy that provides cover for the costs incurred in the pursuit or defence of litigation. The policy is purchased after the cause of a legal dispute has arisen, which is why it is called as "After the Event" insurance.
• Mitigate - It is your responsibility to ‘mitigate your loss’ when making a claim. This essentially means you should keep your costs to a reasonable level. For example, if you drive a Ford Focus and your car is in an accident and is sent the garage for repair, you should not hire a Porsche and expect the Third Party to pay for this as you are not mitigating your loss.
• Litigation - The process of taking a case through court. The litigation or legal process is most common in civil lawsuits. In litigation, there is a claimant (one who brings the charge) and a defendant (one against whom the charge is brought).
• Solicitor - A member of the legal profession whose services consist of advising clients, representing them before the lower courts, and preparing cases for barristers to try in the higher courts.
• Barister - A lawyer who is a member of one of the Inns of Court and who has the privilege of pleading in the higher courts.
• Civil Case - Lawsuit brought to redress private-wrong such as breach of contract, encroachment, or negligence; or to enforce civil remedies such as compensation, damages or injunctions. May be called a civil action or civil proceedings.
• Criminal Case - Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties.
• 50/50 - When both parties involved in an accident are equally to blame.
• MIB - The Motor Insurers' Bureau. They deal with uninsured and untraced claims, and are funded directly by insurers, but indirectly through all our policies
• RTA - Road traffic accident
• TPC - Third Party Capture. A process where the insurance company of the driver at ault contacts the victim directly. To read more about this, click here.
• Comprehensive Insurance - Insurance ploicy for your car, which will cover your damages and the other drivers damage, even if it is your fault.
• Third Party, Fire and Theft - Insurance policy for your car, which will cover for theft, fire and damage to someone elses car, but not damage to your own car.
• MID - Motor Insurance Database, where police and other can check if you have insurance in place
• DVLA - Driver and Vehicle Licensing Authority. Deals with car tax and vehicle licensing
• Liability - Who is at fault, either totally or partially
• Contributory Negligence - When you have contributed to your injuries by being negligent, for example not wearing your seatbelt.
• Medical report - Your solicitor will ask you to see a Doctor who will produce a medical report to describe your injuries and suggest how long it will take you to recover.
• PSLA - Pain, Suffering and Loss of Amenity award
• CRU - Compensation Recovery Unit. This body recovers money paid out in benefit to claimants.
• Claims Track (small, fast, multi) - The value of your claim will depend which Claims Track you are allocated to.
• Settlement - When you have reached an agreement with the other party