Common Questions We Hear

"Don't worry, my own insurance company will deal with it"

Naturally, this is often your first response. However, most big insurers use ‘accident management companies’ to deal with claims. These companies act on behalf of the insurer and are tasked with keeping the insurer’s costs down, rather than getting you your full entitlement. The only way to ensure you get your full pay-out and keep your policy clean is to call us today.

"The other guys insurance has said they'll deal with everything"

We usually hear this when the other party’s insurer believes the accident was their driver’s fault. This is good, but giving them control over your claim gives them control over your pay-out. This is not in your best interests, so make sure you call us as soon as possible to ensure you have control over your claim and get the compensation you deserve.

“Will I lose my no claims bonus?"

No, we make sure your own no claims bonus is not affected in any way. We also make sure your risk profile and premium with your own insurer are unaffected. If you use your own insurer, even when the accident is not your fault, this can still negatively impact your policy and increase your annual premium. Call us today to make sure this doesn’t happen!

Can you claim compensation for a workplace accident injury?

If you have been injured in an accident at work that was not your fault, you have the right to make a compensation claim.

We understand that many individuals are unsure about their eligibility to make a claim. This uncertainty is completely understandable, as claiming compensation can seem complicated, and determining liability for the accident is not always straightforward.

Any injury you have sustained as a result of someone's or a company's negligence (e.g., an injury sustained at work) entitles you to seek compensation covering your injuries, financial losses, and any future expenses or losses resulting from the incident.

Our friendly team will assess your case and advise you on the likelihood of a successful claim.

How is your compensation calculated?

At My Free Legal Advice, we will evaluate your claim based on your unique circumstances, taking into account the severity of your injuries, the impact on your daily life, and any financial losses you have incurred as a result of the accident. The amount of compensation you receive will be tailored to your specific case, we will refer you to a specialized Personal Injury Solicitor who will work diligently to ensure you receive the maximum compensation you are entitled to.

What should a cyclist do in the event of a collision with a motorists?

In the aftermath of a collision with a motor vehicle, a cyclist should try to obtain both the motorist’s details and those of any witnesses. Mobile phone photos of the scene of the accident, the cyclist’s injuries and the damage done to their bicycle can all later prove useful in support of a claim. Compensation will be paid out for physical injury, mental trauma, damage to property, the cost of medical treatment and loss of earnings due to time off work. The burden of proof will be on the motorist rather than the cyclist to prove they were not to blame for an accident, the reason why many claims are successful.

How do Cyclists get into collisions with motorists?

Accidents commonly occur at junctions and in front of property driveways, both places where motorists may pull out in front of cyclists unexpectedly. It only takes the smallest of nudges from a vehicle to cause very serious accidents, with cyclists often being thrown through the air, landing on hard surfaces, and their bicycles being damaged beyond repair. In some cases, a motorist will drive off without exchanging details with the cyclist with whom they have collided, however, compensation will still be available from the Motor Insurers Bureau (MIB), the government body set up to compensate the victims of untraced drivers.

Roundabouts and traffic lights are common locations for accidents involving motorists and cyclists, and as long as it is possible to show that a motorist was not driving with due care and attention at the time, they will be held legally liable for the accident. Motorists often fail to notice cyclists, which may be the result of lack of attention, obstructed visibility due to congestion or bad weather, the layout of the roundabout or junction, adverse weather conditions, excess speed or careless driving.

Can a cyclist sue an unidentified motorist?

If the client lacks evidence the police will most likely not pursue the claim further but it will be referred to the Motor Insurers Bureau, a government department set up to compensate victims of uninsured and untraced driver claims under the Untraced Driver Agreement.

The client will still be compensated, for injuries and loss of earnings and any other financial loss. The claim however may take longer as the Motor Insurers Bureau had to fully investigate the accident circumstances.

Can you claim for a child in a car accident?

You can make a child personal injury claim for them anytime up to their 18th birthday when they legally become an adult.

What will happen after I make a claim?

When you contact us, you’ll speak to a member of our friendly team, who will talk to you about your child’s injury. This initial consultation is completely free - from there, we’ll advise you on the best way to take your child’s claim forward. We’ll then get in touch with those responsible for your child’s accident at an early stage to see if they accept the blame for what happened. Our experts will then look into your child’s case in detail, gathering evidence from various sources such as witnesses, CCTV and independent medical professionals. They will always try and negotiate claims out of court, keeping the claim process as short as they can. While ensuring you always have the maximum compensation possible

What if the driver failed to stop?

A hit-and-run accident is an incident where a driver involved in a collision fails to stop and identify themselves. In the UK, it is an offence to leave the scene of an accident without providing contact information, punishable by law. We assure you that you have options. The Motor Insurers' Bureau (MIB) is an organisation established to assist victims of accidents caused by uninsured or unidentified drivers. If the driver responsible for your accident cannot be traced, a claim can be made through the MIB for compensation.

Can I make a compensation claim on behalf of someone who has died in a road traffic accident as a pedestrian?

Losing a loved one in a pedestrian accident is a devastating event. It is essential to seek legal support, as you may be able to make a claim. We understand that no amount of money can replace a loved one, but compensation can help cover funeral costs, loss of income, and other expenses associated with the loss. We handle such claims with the utmost sensitivity, offering compassionate guidance throughout the process.

Who is at fault for my pedestrian accident?

Determining who is at fault in a pedestrian accident is not always straightforward and generally depends on the specifics of each case. Both drivers and pedestrians are expected to adhere to the rules of the road, so liability could fall on either party, or both, depending on the circumstances.

What if my treatment was paid for Privately?

A Medical Negligence claim can be brought against any medical practitioner or organisation who has provided negligent care. This includes Doctors and Surgeons in Private Hospitals, GPs, Carers, Therapists etc.

Can I claim on someone else's behalf?

A claim will normally need to be brought by the person who was injured in their own right, however if they do not have capacity to bring a claim themselves or they are under the age of 18, they cannot do this. A claim will therefore need to be brought on their behalf by a Litigation Friend.

A Litigation Friend is usually a close relative, such as a parent or spouse, who will provide instructions in relation to the claim. A Litigation Friend does not necessarily need to be a relative; the only requirement is that they are able to act in the best interests of the person they are acting for.

Can a claim be brought after someone has died?

If a person has received negligent treatment and they subsequently pass away, a claim can be brought on behalf of their Estate. The claim must usually be brought by the Personal Representative(s) of their Estate.

Where the person died as a result of the negligent treatment, a claim may be made on behalf of anyone who was dependent upon the Deceased, whether financially or for services/care.

Where the Personal Representative does not wish to bring a claim on behalf of the Estate, the Dependants may be able to bring a claim in their own right for the loss they have sustained as a result of the death.

When can you claim on public liability insurance?

If you have had an accident or have suffered a personal injury while on public property, then you may be entitled to make a public liability claim. If your accident occurred on public property during the course of your employment, then you may have a claim against your employer.

Who can you make a public liability claim against?

The answer to this question can be very broad as an injury could happen in many different public places, all of which have a duty of care to ensure that anyone using the facilities or premises is safe. However, commonly claims may be brought against local authorities, train station operators, shop owners, restaurants, and gyms.

How long do I have to make a public liability claim?

To make a public liability personal injury claim you need to have started the legal process within three years of the injury taking place.

What is not covered by occupiers liability?

An occupier is not liable for dangers created by independent contractors if the occupier acted reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the work carried out was properly done and the contractor was competent.

What damages are available in occupiers liability?

Under the Occupiers Liability Act 1957 (OLA 1957), the person who occupies land can be held liable when death, injury or property damage happens to a lawful visitor on that land. For a claim to arise there must be a duty of care and breach of duty, causing damage.

What are occupiers liability responsibilities?

If you occupy land or buildings then you will usually be under a duty to take reasonable steps to prevent anyone visiting you being killed or injured or suffering damage to their property. You will also be under a duty not to do anything which may cause harm to your neighbours.

Does it make any difference who starts the divorce proceedings?

In terms of the practicalities of the divorce process, it makes no difference who instigates the divorce proceedings. The procedural outcome will be the same, irrespective of who formally begins the divorce process.

Contact us today to start your divorce with ease.

How long does a typical divorce take?

A divorce normally takes around 4 – 6 months, assuming that both spouses want to get divorced and that their affairs are relatively straightforward.

How long do I need to have been married before I can get divorced?

You must have been married for at least one year before you can get divorced.

Do I need to go to court to reach a financial settlement?

Not necessarily. A settlement can be negotiated between the parties with the assistance of lawyers. If a settlement is successfully negotiated the solicitors will provide a draft ‘consent order’ to the court setting out what has been agreed.  The court will endorse the order if it is reasonable and it will then be legally binding. The majority of cases can be settled this way, so long as both parties are reasonable and desire a fair outcome.

Does the breadwinner get more than the homemaker?

In most marriages, one spouse will earn more than the other. When it comes to financial settlements in divorce, considerations are tempered by non-financial contributions. Examples include raising the children, taking care of the home and other elements in this vein. Both the breadwinner and the homemaker are considered equal in the marriage, and this is reflected in the financial settlement that the Court awards.

What is the 26 week rule in care proceedings?

Under the Public Law Outline (2014) and the Children and Families Act 2014, there is a 26-week time limit for the completion of care and supervision proceedings. 'In no case can an extension beyond 26 weeks be authorised unless it is 'necessary' to enable the court to resolve the proceedings 'justly'.

What happens when care proceedings start?

At the start of care proceedings, the council asks the family court to make a temporary court order, called an 'interim care order'.If the court agrees, the council can take the child into care on a temporary basis. This can be for up to 8 weeks at first.

Can care proceedings be stopped?

If the care order is interim, then it can last up to 8 weeks but may be extended further after reviews. A full care order will last until the child reaches the age of 18. However, a full care order can end earlier if the court discharges the care order, a residence order is made for the child or the child is adopted.

At what grounds can a father take custody of a child?

You can get Child Custody from the child's mother by applying in court. A father can move forward with such an application if you fear that your child's welfare confronts an issue while staying with the mother. You can also apply for Child Custody if you cannot reach an agreement with the mother.

What can be used against you in a custody battle?

Pay maintenance. Always make sure that your maintenance payments are up to date. If payments are not up to date this could significantly effect your ability at winning a child custody battle as your former partner is likely to use this as a weapon against you.

How can a mother lose custody UK?

Legally, a parent is unfit for custody when they don't provide proper guidance, care or support to the children. This can be caused by various factors that mean they are unable to take care of the children effectively or their actions place the children in danger.

Can you Get Rid of Japanese Knotweed?

Whilst the internet provides a plethora of solutions for getting rid of Japanese knotweed, there are only two methods of dealing with knotweed; herbicide treatment or excavation.

Can you get a mortgage on a house with Japanese knotweed?

As a result of a serious Japanese knotweed infestation could devalue a house by 20%, and up to 80% in the worst-case scenarios. Mortgage lenders, will often not lend at all if a property has been affected by it.

Do I have to tell everyone about my new name?

Yes,a deed poll should be used for changing your name for all purposes. You must tell all official record holders, everyone you do business with, and anyone you have a duty or obligation to.

Do I have to update my passport in my new name?

No — there is no legal requirement to renew your passport if you change your name.  Your passport will remain a valid document, and you can still travel with it.  However, if you do decide to travel abroad with your passport (in your former name) then you should take care that all your travel documents (passport, visas, tickets, hotel bookings, etc.) are in the same name, otherwise you may be denied entry onto your aeroplane or through border control.

Do I have to update my driving licence in my new name?

Yes — by law, you have to keep your driving licence up to date, and you must tell the DVLA about any change in your name or address.  Failure to do so could leave you with a £ 1000 fine.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a special type of power of attorney which allows the donor to choose someone to act on their behalf and to make decisions for you if you lose mental capacity. There are two types of LPA, one to cover your Property and Financial affairs and one to cover your Health and Welfare.

Can I have my spouse and my children as my attorneys?

Yes, you can have as many attorneys as you wish, and they should be people you trust implicitly.

When should I make an LPA?

As soon as possible! Unfortunately none of us know what the future holds, therefore it is best to ensure your wishes are set out as sooner rather than later. An LPA does not have to be used straight away but by ensuring it is in place helps avoid delay in dealing with your affairs if and when it becomes necessary.

Should You Claim Against Your Landlord?

Usually in the UK, housing disrepair claims are made against landlords as liability usually falls on them. Sometimes, however, the liability falls on the party responsible for managing the property – such as a property management firm or leasing agency – and your claim for compensation would be made against this party as well as against your landlord in this case.

How Much Notice Do You Have To Give Your Landlord?

You must ensure you notify your landlord via email, text message, in person or by letter, at least 21 days before making a housing disrepair claim.

What Can You Claim Compensation For?

Every housing disrepair case is different and assessed on an individual basis. The level of compensation you can claim for will depend on your experience and whether the property disrepair has caused you health and wellbeing problems and led to medical costs and suffering.

Compensation claims for housing disrepair may include for:

• Personal injury or health issues
• Related medical expenses and personal suffering
• Damage to belongings
• Inconvenience

What is Probate?

The Grant of Probate is the legal document issued by the Probate Registry which confirms that the executors of the Will have the legal authority to deal with the estate.

Who can challenge an unfair will?

It is  possible for anybody to challenge the validity of a person’s Will.  In reality it is usually the case that challenges are only brought by people who would benefit under an earlier version of the Will  and as such, it is often only people with a financial interest under previous Wills who seek to bring claims which challenge the validity of a Will, or people who would be financially better off if there was no valid Will and the intestacy rules applied.

The position is different in relation to claims under the 1975 Act, where there is a specific list of people who are eligible to apply for an order that a Will does not make reasonable financial provision for them.  This includes spouses, former spouses, children, cohabitees and people who were being maintained by the deceased.

How can I check a will?

There are a number of technical formalities which any testator must follow in order to execute a valid Will.  These include:

• The Will must be signed by the testator, in the presence of two other witnesses and then be signed by those witnesses, in the presence of the person making the Will after the testator themselves has signed the document.
• The person making the Will must be over 18 years of age and have mental capacity.
• The person must make the Will voluntarily without undue influence and must know and understand what the Will says; and
• The Will must be in writing

What is a claim under the Inheritance Act?

The Inheritance (Provision for Family & Dependants) Act 1975, or ‘Inheritance Act’ or ‘1975 Act’ as it is frequently known, allows certain categories of applicant to bring a claim against an estate of a deceased person where ‘reasonable financial provision’ has not been made for them under the terms of the will or on the intestacy of that deceased person.

Who can make a claim?

The following categories of person can make a claim:

• spouse or civil partner of the deceased;
• former spouse or civil partner of the deceased (who has not remarried or entered into another civil partnership;
• a child of the deceased;
• any person who in relation to a marriage or civil partnership in which the deceased was at the time a party, was treated by the deceased as a child of the family (most commonly a step child);
• a person who was living in the same household as the deceased, as ‘husband or wife’ or as a civil partner of the deceased for a period of two years ending immediately on the deceased’s death (most commonly known as a cohabitee);
• any person who immediately before the death of the deceased was being maintained either wholly or partly by the deceased (ie someone financially dependent on the deceased).

Does it matter where the deceased lived?

The deceased must have been domiciled in England or Wales at the date of death.  This does not include Scotland, Northern Ireland, the Republic of Ireland, the Isle of Man or the Channel Islands.

What can't I do on a Student visa?

You cannot: claim public funds (benefits) and pensions. work in certain jobs, for example as a professional sportsperson or sports coach. be self-employed.

What is the rule of Student visa in UK?

You can apply for a Student visa if you're 16 or over and want to study on a further or higher education course in the UK. If you're under 18 and you want to study at an independent school in the UK, you may be eligible for a Tier 4 Child Student visa instead.

What are the new rules for international students in the UK?

"From January 2024, there will be restrictions on the ability for international students tobring family members on all but post-graduate research routes and banning people from using a student visa as a backdoor route to work in the UK," - UK Government

How long will it take the Home Office to decide my UK Spouse visa application?

The Home Office states that for applications made outside of the UK it decides 95% of settlement applications (this includes Spouse visas and some other categories under Appendix FM) within 12 weeks (3 months) of the application date and 100% within 24 weeks (6 months) of the application date. However, in some application centres there are priority services for Spouse visa applicants available to allow a faster processing time.

Will I be able to work in the UK when I am here as a Spouse?

Yes. Those who are granted leave in the Spouse category have a full right to work in the UK.

What happens if my partner changes job after I arrive as a Spouse?

You will need to meet the financial requirement when you first enter, when you apply to extend your stay as a spouse and when you apply for indefinite leave to remain as a spouse. It may have been that you relied on your Sponsor’s income to meet the requirement in one of these applications. However, once your leave has been granted, it doesn’t matter if your circumstances change, providing you can still meet the financial requirement when you make your extension application.

What is the 28 day rule for Tier 4 visa?

Money held in a personal/savings account. You can also use your parents/legal guardian's account. The money needs to have been held in the bank account for at least 28 consecutive days before the date that you submit your Tier 4 visa application.

How long can I stay in the UK after my Tier 4 visa expires?

You must leave the UK by the expiry date of your visa unless you have submitted a visa application to extend your permission in the UK; there is no 'grace period' following the expiry date of your visa.

How long does it take for the Home Office to process a Skilled Worker sponsor licence application?

The Home Office’s standard processing timeframe, from receipt all of the relevant information and documents is currently up to eight weeks although this is not a guaranteed timeframe.

The Home Office can take much longer than this, especially if it feels it necessary to carry out a pre-licence assessment visit before reaching a decision.

How long are sponsor licences granted for?

Sponsor licences are granted for four years. 

Can sponsor licences be revoked?

Yes, the Home Office can revoke sponsor licences if, for instance, it is not satisfied that sponsorship duties have been complied with.  There are many separate grounds on which sponsor licences can be revoked. 

What are the new rules for dependent visa in UK?

As per the new UK visa rules, students will have to prove they can look after themselves and their dependents. Rishi Sunak-led UK government will place restrictions on the ability for international students to bring dependents into the country from January 2024.

Who qualifies as a dependent relative?

The applicant or if the applicant and their partner are the sponsor's parents or grandparents, the applicant's partner — must as a result of age, illness or disability require long-term personal care to perform everyday tasks.

Can I bring my brother to UK on dependent visa?

The person seeking to enter the UK under this category must be over 18 years of age and be a close relative (e.g. parent, grandparent, sibling or child) of the person sponsoring their application.

How long can I stay outside the UK with further leave to remain?

180 Days

What is the difference between further leave to remain and indefinite leave to remain?

Leave to remain means you have permission to stay in the UK for a specific period of time and your activities are limited to the restrictions of your visa. Indefinite leave to remain is where you have permanent lawful status in the UK as a settled person, and you are no longer subject to immigration control.

How long does further leave to remain application take?

The average service level set by the UK Visa and Immigration teams is around 12 weeks.

How many times can you extend your UK visa?

There is no limit on how many times you can extend your stay.

Can I leave UK on the day my visa expires?

If your visa has expired, you have 30 days to leave the UK voluntarily at your own expense before you face a ban on re-entry. Alternatively, you may seek to rely on the 14-day rule.

How early can I apply for extension of visa?

A Tier 2 (General) visa extension must be applied for within three months of the new Certificate of Sponsorship being assigned or 60 days before any current leave expires, whichever is sooner.

How many times can you visit UK on visitor visa?

On a standard visitor visa you can depart and re-enter the UK as many times as they want within the visa's validity period, up to a maximum of 6 months.

How soon can I return to the UK after 6 months?

You are able to remain in the UK for up to 6 months within 12 months of your date of entry. Once you hit 6 months you MUST leave the UK and you cannot return to the UK using your Passport or the Standard Visitor Visa route until6 months has elapsed from your date of leaving the UK.

How much funds do I need to show for UK visitor visa?

There is no set amount of monetary funds required for a UK Visit Visa as it depends on invidual's circumstances and the purpose of their visit to the UK

Why is my UK citizenship application taking so long?

After you've applied it may take longer than the usual 6 months to get a decision because of coronavirus (COVID-19). This will not affect the decision. You'll be told if you need to provide more information to help with your application.

How long can you live outside the UK without losing citizenship?

You can leave the UK for:5 years without losing settled status from the EU Settlement Scheme - 4 years if you're Swiss. 2 years without losing indefinite leave to remain.

What can stop you from getting UK citizenship?

Not meeting the eligibility requirements

Who is Plevin?

Susan Plevin, who’s case against her lender, Paragon Finance, went to the Supreme Court and the judgment opened the lid on exactly the PPI commissions scandal.

Can I claim Plevin if I already claimed PPI?

Yes, with Plevin you can make a new complaint, even if you received a PPI refund already.

Is it worth claiming Plevin?

If you think that you are one of these people, you could stand to gain anywhere from £1,000 to £40,000 from your claim. The average payout is around £3,000, so no matter how big or small you think your claim could be, it's definitely worth finding out more.

What is civil law?

Civil law is a type of law that is concerned and related to private law and the relations and private affairs of the citizens of the community and it is distinct from criminal and public law.

How long does a civil case take?

The length of each case is variable. Each case depends on its nature, complexity, the court’s timetable, the parties’ amenability, and the parties involved. Most cases may be over in a matter of a few months in case there are no any complex legal or factual issues or even external boundaries to the proceedings.

How long does a defendant have to respond to civil claim?

14 Days after the defendant was 'served with' (received) your claim form.

How do you define mis-selling?

Any advice given to a customer which is unsuitable – for example we come across many cases where customers were advised to invest over a number of years (usually a minimum of 5 years) when they were approaching retirement and their financial and personal circumstances were likely to change drastically. This meant they often had to ‘cash in' their investment well before the recommended 5 years leading to losses. We also speak to many people who were advised to invest when they were in seriously poor health, this is often a clear case of mis-selling.

Can I take investment companies to court?

Yes, legal action is an option for you. However, the legal process can also take many months, if not years, to be completed, however we can speed up that process for you by finding you the best solicitor for your case today.

How long does a claim take?

Under normal circumstances, once the complaint is sent to the bank they have up to 8 weeks to issue their final response. In exceptional circumstances this can take a little longer but in most cases we usually get a final answer well within the 8 weeks – sometimes in as little as a week!

How long does a MIS-sold pension claim take?

This can take up to 6 months to get resolved. Many of the cases we deal with involve advisers or businesses that have stopped trading. In these circumstances we will take your case to the Financial Services Compensation Scheme (FSCS). The turnaround for these claims is around 3 to 6 months.

Can you claim for a MIS-sold pension?

You can claim against the individual financial advisor who mis-sold you the pension, or the financial firm they were working for at the time. We can explore the details of your case and help you to decide on the best option for pursuing a claim.

How do I know if I've been mis-sold a pension?

1. The terms and conditions weren't explained to you.
2. Your advisor wasn't as experienced as they said they were.
3. You were encouraged to transfer your money from a workplace pension into a different scheme.
4. You weren't properly made aware of pension charges and fees.

Can I claim for a packaged bank account I no longer have?

Yes. Even if you no longer have the account, if you think you were mis-sold and you can get your hands on the paperwork then you can complain to your bank going as far back as when you had the account.

How long can you claim bank charges?

There's no bar on reclaiming again. However, the fact you've already been through this is a worrying sign of either severe financial problems or money mis-management.

Is there a time limit on packaged bank account claims?

Not specifically but after 6 years it becomes much more difficult.

How long do mis-sold car finance claims take?

Between 12 to 18 months

How do I know I've been mis sold vehicle finance?

You may have been a victim of mis-sold car finance if you have received negligent or poor advice in relation to your car finance options or if you were not made aware of any commission being charged within the agreement. You can also claim for multiple cars through one form using our eligibility checker.

What happens if you have been mis sold a mortgage?

It is therefore difficult to predict exactly what you can claim, but generally, you will be entitled to be put back into your pre-mis sold mortgage scheme position.

How long can I wait to claim mis-sale of a mortgage?

If you think you have a mis-sold mortgage claim, you should seek legal advice as quickly as possible as the statutory deadline for bringing a mis-sold mortgage claim is six years from the date you took the mortgage out.

How long does a MIS-sold finance claim take?

This varies from case to case usually the claim could take anywhere between 12 to 18 months.

What are the obligations of insolvency practitioners?

Carrying out all statutory duties as required by law. Providing regular reports to creditors on the progress of insolvency procedures. Investigating company affairs and director conduct, where necessary, and file a report to the Insolvency Service.

Can anyone call themselves a licensed insolvency practitioner?

An IP must hold a licence and have: passed the insolvency examinations

How much does a liquidation cost?

In every case our team will explore options to make the liquidation of a company self-funding. If the company has no future and very little cash or assets, putting the company into liquidation BEFORE it runs out of cash and assets will help make the process easier.